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UNITED STATES v. DUPREE

No. 76-2193.

544 F.2d 1050 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Leonard Roland DUPREE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 1, 1976.

Attorney(s) appearing for the Case

Helena S. MacLay, Atty. (argued), Billings, Mont., for plaintiff-appellant.

Kenneth D. Peterson (argued), Billings, Mont., for defendant-appellee.

Before BROWNING and SNEED, Circuit Judges, and RICHEY, District Judge.

PER CURIAM:

Defendant Leonard Dupree, an Indian person, was charged under 18 U.S.C. § 1153 with assault with a dangerous weapon in violation of 18 U.S.C. § 113(c). The alleged assault was committed upon another Indian and within the Indian country. The indictment was dismissed by the district court on the ground that 18 U.S.C. § 113(c) was unconstitutionally vague. We reverse.

Title 18, section 1153...

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