SCOUTING REPORT | Armed alien, christening the U.S.S. Pierre, scam alert, Facebook v. government corruption
A weekly digest of interesting local, state, national and even international developments
In a case of ignorance not absolving guilt, we go to the Eighth Circuit Court of Appeals, where a three-judge panel upheld the 36-month prison sentence given to an illegal immigrant who was discovered with three pistols in a Rapid City motel.
The case stems from a Dec. 1, 2022, arrest that Rapid City police made after being called by management of Motel 6 on a report of a person unlawfully occupying a room. Luis Antonio Flores Atilano had gained access to the room by convincing a cleaning lady to let him in — he said he had been staying in the room with other aliens from Greeley, Colo., who were in Rapid City for roofing work. Police found him lounging on a bed. He had ammunition in a pocket, and police discovered the three pistols in a backpack next to the bed. One of the pistols had its serial number filed off.
At trial, Atilano was found guilty of being an alien in possession of a firearm. Federal District Court Judge Jeffrey Viken, who is now retired, sentenced him to three years on April 20, 2023.
Atilano appealed on two grounds: That the government didn’t prove he knew he was in the country illegally, and that he was a person under duress and thus needed the firearms for protection.
Keep reading with a 7-day free trial
Subscribe to The Dakota Scout to keep reading this post and get 7 days of free access to the full post archives.