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171978P.pdf   07/24/2018  United States  v.  Pamela Lynn Bravebull
   U.S. Court of Appeals Case No:  17-1978
   U.S. District Court for the District of North Dakota - Bismarck   
[PUBLISHED] [Arnold, Author, with Kelly and Stras, Circuit Judge] Criminal case - Criminal law. Any error the prosecutor may have made in comments regarding shoes as dangerous weapons was not plain; evidence was sufficient to support the finding that the shoes the defendants wore were dangerous weapons; defendant did not raise her claim that the charges of assault with a dangerous weapon and assault resulting in serious bodily injury were multiplicitous before trial and the claim was untimely under Fed. R. Crim. P. !2(c)(3); claim that the instruction on aiding and betting was erroneous cannot serve as the basis for a reversal as the evidence was sufficient to support the other ground for conviction - that defendant committed the assault herself; the record showed defendant abandoned her intoxication defense and withdrew her corresponding instruction.