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UNITED STATES v. MAESTAS

No. 74-1799.

523 F.2d 316 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Richard J. MAESTAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 18, 1975.

Attorney(s) appearing for the Case

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

William W. Deaton, Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Before CLARK, Retired Associate Justice, and HILL and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Richard J. Maestas (Maestas) appeals his jury conviction for the offenses of first-degree murder and rape committed in the Indian country.

Maestas — a non-Indian — was charged under 18 U.S.C. §§ 1152 and 2031, with the rapes of Phyllis Estevan and Mildred Louise Poncho, both Indians, and with the killing of Phyllis Estevan during the commission of rape, in violation of 18 U.S.C. §§ 1152 and 1111. Maestas...

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