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UNITED STATES v. CLEVELAND

Nos. 73-3604, 74-1113.

503 F.2d 1067 (1974)

UNITED STATES of America, Appellant, v. Stuart CLEVELAND and Augustine Cleveland, Appellees. UNITED STATES of America, Appellant, v. Daven CHIAGO and Sanford Chiago, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 27, 1975.

Attorney(s) appearing for the Case

David Adler, Crim. Div., Dept. of Justice (argued), Washington, D. C., for appellant.

Tom Karas (argued), Federal Public Defender, Phoenix, Ariz., Nick L. Rayes (argued for 74-1113), Phoenix, Ariz., for appellees.

Before BARNES and HUFSTEDLER, Circuit Judges, and ENRIGHT, District Judge.

OPINION

HUFSTEDLER, Circuit Judge:

Defendants Stuart and Augustine Cleveland, who are Indians, were charged under 18 U.S.C. § 1153 with assault with a deadly weapon upon named Indians and non-Indians, following an affray on an Arizona Indian reservation among the Clevelands and tribal and Arizona police. Defendants Daven and Sanford Chiago, also Indians, were charged with aiding and abetting an assault resulting in serious bodily injury to another Indian...

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