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US v. Graham, No. 08-3580

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By FindLaw Staff on July 28, 2009 1:27 PM

District court did not err in dismissing indictment for first degree murder on the ground it failed to allege Indian status under 18 U.S.C. sec. 1153 as the indictment is insufficient since Indian status is an essential element of the offense, and the defect cannot be cured by an application of aider-and-abettor liability.   

Read US v. Graham, No. 08-3580

Appellate Information
Appeal from the United States District Court for the District of South Dakota.
Submitted: April 15, 2009
Filed: July 28, 2009

Before RILEY, BENTON, and SHEPHERD, Circuit Judges.
Opinion by BENTON, Circuit Judge.

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