December 14, 2015.
from United States District Court for the District of
Minnesota - St. Paul.
United States of America, Plaintiff - Appellee: Deidre Yvonne
Aanstad, Assistant U.S. Attorney, Manda M. Sertich, Assistant
U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of
Minnesota, Minneapolis, MN; Lisa D. Kirkpatrick, Assistant
U.S. Attorney, U.S. ATTORNEY'S OFFICE, Saint Paul, MN.
Dean Iceman, Defendant - Appellant, Pro se, Oklahoma City,
Terry Dean Iceman, Defendant - Appellant: Douglas Olson,
Assistant Federal Public Defender, FEDERAL PUBLIC
DEFENDER'S OFFICE, Minneapolis, MN.
WOLLMAN, LOKEN, and BYE, Circuit Judges.
convicted Terry Dean Iceman of strangulation in violation of
18 U.S.C. § 113(a)(8). At the time Iceman committed the
offense, the United States Sentencing Commission had yet to
promulgate a corresponding sentencing guideline. The district
court found the Guideline section for
Domestic Violence, United States Sentencing Guideline Manual
(U.S.S.G.) § 2A6.2,
to be the most analogous to Iceman's offense of
conviction and sentenced him to 41 months' imprisonment.
Iceman appeals his sentence arguing (1) the district court
erred in finding the Domestic Violence guideline to be the
most analogous provision; and (2) the district court violated
the Ex Post Facto Clause by sentencing him in accordance with
a new sentencing guideline not in effect at the time of his
offense instead of the guidelines in effect at the time of
the Domestic Violence guideline is the most analogous
guideline because it is the only provision that accounts for
the intimate relationship between the attacker and victim. We
further find the district court sentenced Iceman under the
guideline in effect at the time of his offense of conviction,
and therefore did not violate the Ex Post Facto Clause. We
evening of July 17, 2013, Iceman and his live-in girlfriend,
Lori Sayers, were at the home of their friends, Carol Strong
and Darryl Raincloud. Strong's and Raincloud's home
was located on the Red Lake Indian Reservation in Northern
Minnesota. The two couples started drinking heavily that
evening and continued through the next morning. ...