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UNITED STATES v. GEMMILL

Nos. 74-2809, 74-2965, 74-3062, 75-1019 to 75-1022.

535 F.2d 1145 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Arnold GEMMILL et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing July 20, 1976.

Attorney(s) appearing for the Case

E. Richard Walker (argued), Federal Defenders of Sacramento, Sacramento, Cal., and Aubrey Grossman (argued), San Francisco, Cal., for defendants-appellants.

Donald H. Heller, Asst. U.S. Atty. (argued), Sacramento, Cal., for plaintiff-appellee.

Before CHAMBERS, HUFSTEDLER and SNEED, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc July 20, 1976.

OPINION

HUFSTEDLER, Circuit Judge:

Appellant Indians challenge their convictions for theft of government property and for illegal occupancy of a national forest. Their consolidated appeals can be divided into two categories: the timber cases and the trespass cases.

On November 8, 1973, the three appellants1 in the timber cases cut and carried...

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