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181908P.pdf   04/06/2020  Samuel Silk, Jr.  v.  United States
   U.S. Court of Appeals Case No:  18-1908
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Colloton, Author, with Wollman and Kelly, Circuit Judges] 
   Criminal case - Criminal law. Silk's 2013 conviction from Bismarck 
   Municipal Court for simple assault was for an offense which, if subject to 
   federal jurisdiction, would qualify as an assault against an intimate 
   partner under 18 U.S.C.Sec. 117(a)(1); as a result, Silk cannot show that 
   he is actually innocent of the offense to which he pleaded guilty - 
   domestic assault in violation of 18 U.S.C. Sec. 117 - and his challenge to 
   the sentence imposed in the case is procedurally defaulted.