JOE v. UNITED STATES

No. 74-1078.

510 F.2d 1038 (1974)

Peter H. JOE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 23, 1974.

As Modified on Denial of Rehearing March 24, 1975.


Attorney(s) appearing for the Case

Jack L. Love, Federal Public Defender, Albuquerque, N. M., for petitioner-appellant.

Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., on the brief), for respondent-appellee.

Before MURRAH, BARRETT and DOYLE, Circuit Judges.


MURRAH, Circuit Judge.

This is an appeal from an order of the district court dismissing without a hearing a § 2255 petition to set aside a conviction for rape on an Indian reservation under the Major Crimes Act of 1885, 18 U.S.C. §§ 1153, 3242. We reverse the order.

The Act confers federal jurisdiction over certain enumerated major crimes, including rape, committed by an Indian on an Indian reservation. In this case, the indictment charged the...

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