Brown Thunder v. USA, No. 3:2015cv03016 - Document 33 (D.S.D. 2016)
Court Description: MEMORANDUM OPINION AND ORDER granting 28 Motion to Dismiss for Failure to State a Claim; DISMISSING 1 Motion to Vacate, Set Aside, or Correct Sentence. No certificate of appealability shall enter. Signed by U.S. District Judge Roberto A. Lange on 10/21/16. (DJP)
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Brown Thunder v. USA Doc. 33 UNITED STATES DISTRICT COURT 2 1 2016 DISTRICT OF SOUTH DAKOTA CLERI! CENTRAL DIVISION PATRICK BROWN THUNDER, 3:15-CV-030I6-RAL Plaintiff, OPINION AND ORDER DENYING MOTION UNDER 28 U.S.C. ยง 2255 vs. UNITED STATES OF AMERICA Defendant. Following a jury trial from December 3 through December 7, 2012, Petitioner Patrick Brown Thunder (Brown Thunder) was found guilty of one count of sexual abuse of a minor whose initials are A.C., and one count of sexual abuse of a person incapable of consenting who likewise was a minor with initials H.C. United States v. Brown Thunder. 11-CR-30113-RAL, CR Doc. 218/ Brown Thunder was found not guilty of two crimes related to the events involving H.C. CR Doe. 218. This Court sentenced Brown Thunder to 180 months in custody plus three years on supervised release for the sexual abuse of A.C., and to 240 months in custody plus five years of supervised release for the sex crime against H.C. CR Doe. 234. Both the custody and supervised release time were to be served concurrently. CR Doc. 234. Brown Thunder at trial and on appeal was represented by attorney Dana Hanna. Brown Thunder appealed to the United States Court of Appeals for the Eighth Circuit, which affirmed Brown Thunder's conviction on March 12, 2014. CR Doe. 267. Brown Thunder filed a petition 'Citations to pleadings from Brown Thunder's criminal ease will be "CR Doc." followed by the document number in the CM/ECF system. 1 Dockets.Justia.com
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