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UNITED STATES v. BUTLER

No. 76-1044.

541 F.2d 730 (1976)

UNITED STATES of America, Appellee, v. Darelle Dean BUTLER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 2, 1976.

Rehearing Denied October 27, 1976.

Attorney(s) appearing for the Case

Joseph Beeler, Miami, Fla., for appellant; Bruce Ellison, Wounded Knee Legal Defense/Offense Committee, Rapid City, S. D., filed appearance; Ray Archuleta, Serra, Perlson & Metcalf, San Francisco, Cal., on briefs.

R. D. Hurd, Asst. U. S. Atty., Sioux Falls, S. D., for appellee; William F. Clayton, U. S. Atty., and David R. Gienapp, Asst. U. S. Atty., Sioux Falls, S. D., filed appearance; Jonathan J. Anderson, Legal Intern, Sioux Falls, S. D., on briefs.

Before LAY and WEBSTER, Circuit Judges, and URBOM, Chief District Judge.

Rehearing En Banc Denied October 27, 1976.

LAY, Circuit Judge.

Darelle Dean Butler, an Indian, challenges his conviction for the possession of a firearm by a felon under state law, SDCL § 23-7-3, pursuant to the Assimilated Crimes Act, 18 U.S.C. § 13.

On September 5, 1975 Butler was observed by FBI agents on the Rosebud Sioux Reservation in South Dakota. He was known as an individual with prior felony convictions and was observed at the time...

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