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United States v. Iceman

United States Court of Appeals, Eighth Circuit

May 2, 2016

United States of America, Plaintiff - Appellee
v.
Terry Dean Iceman, Defendant - Appellant

         Submitted December 14, 2015.

          Appeal from United States District Court for the District of Minnesota - St. Paul.

         For 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.

         Terry Dean Iceman, Defendant - Appellant, Pro se, Oklahoma City, OK.

         For Terry Dean Iceman, Defendant - Appellant: Douglas Olson, Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Minneapolis, MN.

         Before WOLLMAN, LOKEN, and BYE, Circuit Judges.

          OPINION

Page 980

          BYE, Circuit Judge.

         A jury 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[1] found the Guideline section for Domestic Violence, United States Sentencing Guideline Manual (U.S.S.G.) § 2A6.2,

Page 981

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 offense.

         We find 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 affirm.

         I

         On the 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. ...


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