United States v. Luke Black Elk

Luke Black Elk, Jr., an Indian, was convicted of murder in the second degree, in violation of 18 U.S.C. §§ 1153 and 1111. The District Court sentenced Black Elk to fifteen years imprisonment. On appeal, Black Elk contends: (1) the evidence was insufficient to sustain the verdict, and (2) the sentence was excessive. After a careful review of the record, we conclude that both claims must be rejected. SUFFICIENCY OF THE EVIDENCE