12/26/2023 0 Comments Battlefield v rising sunRising Sun's younger brother Moses was interviewed twice by law enforcement personnel. DNA tests conducted on the items seized from the trash can revealed that these items contained blood from Diebert and Big Leggins. In a trash can outside the house, agents found items of clothing and jewelry that appeared to have blood stains on them and that also appeared to have been burned. The FBI obtained a search warrant for the abandoned house, which was executed on December 5, 2003. A third witness had linked that same car to the murders of Diebert and Big Leggins. One witness told investigators that Rising Sun had commented to her that “he had gotten rid of some of his stuff because it was evidence.” Another witness reported seeing, on the morning of November 19, a maroon Corsica parked at an abandoned house on the Crow reservation where the Rising Sun family used to live. Investigations by law enforcement authorities determined that Diebert and Big Leggins were last seen in the late evening of November 18 in the company of Rising Sun and his two brothers. An autopsy revealed that both young women had died from blunt force trauma to their heads caused by a heavy object. Five days later her body, along with that of LaFonda Big Leggins, was found in a ditch off Big Horn County Road 50A in Montana, which is part of the Crow reservation. Koren Diebert was reported missing on November 22, 2003. § 1291, and we vacate and remand for resentencing. We have jurisdiction to hear the appeal under 28 U.S.C. Rising Sun also argues that the sentence was unreasonable. § 3C1.1 for obstruction of justice because he threatened a witness and tried to destroy evidence before the police investigation began. § 3A1.1(b)(1) for vulnerable victims because of the remote location where the murders occurred and in applying the enhancement found at U.S.S.G. He argues that the sentencing court erred in applying the enhancement found at U.S.S.G. Attorney's Office, Billings, MT, for appellee United States.Įugene Rising Sun (“Rising Sun”) appeals two consecutive life sentences which were imposed after he pled guilty to two counts of second-degree murder. Mercer & Lori Harper Suek, on the briefs, U.S. Gallagher, on the briefs, Federal Defenders of Montana, Billings, MT, for appellant Eugene Rising Sun. Eugene Raymond RISING SUN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. United States Court of Appeals,Ninth Circuit.
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