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UNITED STATES v. BRONCHEAU

No. 78-2585.

597 F.2d 1260 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Dale BRONCHEAU, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 30, 1979.

Attorney(s) appearing for the Case

John W. Walker (argued), Moscow, Idaho, for defendant-appellant.

Mary S. Hobson, Asst. U. S. Atty. (argued), Boise, Idaho, for plaintiff-appellee.

Before SNEED and ANDERSON, Circuit Judges, and WILLIAMS, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Appellant Broncheau, an Indian, was indicted for assault resulting in serious bodily injury of a non-Indian within Indian country, in violation of 18 U.S.C. §§ 1153 and 113(f).

Broncheau moved to dismiss the indictment, alleging that: (1) the district court lacked jurisdiction because the tribal courts have exclusive jurisdiction to punish Indians for crimes committed on Indian land; and (2) § 1153 is unconstitutional...

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