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Robert Fool Bear, Cannon Ball's district chairman on the Standing Rock Sioux Reservation, exits the community center at Cannon Ball in January. 

Six weeks after his sentence to 30 years in federal prison, Robert Fool Bear Sr. has filed his appeal.

The former Cannon Ball district chairman was convicted in April of four charges related to child sexual abuse. In a brief filed Tuesday, appellant attorney Kent Morrow argues insufficient evidence, multiplicity of charges and an erred jury instruction related to various charges of Fool Bear's conviction.

A jury convicted Fool Bear of two counts of aggravated sexual abuse of a child as well as attempted aggravated sexual abuse of a child and incest.

"Multiplicity raises the risk of violating the double jeopardy protection against receiving multiple convictions and sentences for a single offense," Morrow wrote.

"Fool Bear contends that the multiplicitous indictment had a psychological effect on the jury by suggesting that the alleged criminal activity was out of a greater scope and gravity than it actually was."

Fool Bear also requested 15-minute oral arguments for both sides in his appeal.

"Mr. Fool Bear believes that his case involves significant legal issues, which warrant oral argument," Morrow wrote.

An appellee brief is due by Dec. 5 in the Eighth Circuit Court of Appeals.

Fool Bear, 55, is housed at a medium-security federal correction institution in Pekin, Ill. He is eligible for supervised release after 25 years.

Reach Jack Dura at 701-250-8225 or jack.dura@bismarcktribune.com.

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Crime and Courts Reporter