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UNITED STATES v. INDIAN BOY X

No. 76-3301.

565 F.2d 585 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. INDIAN BOY X, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 27, 1978.

Attorney(s) appearing for the Case

Irwin H. Schwartz, Seattle, Wash., for defendant-appellant.

John C. Merkel, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and HOFFMAN, District Judge.

WALTER E. HOFFMAN, District Judge:

The major issue before us is whether the juvenile appellant's murder confession should have been suppressed due to noncompliance on the part of tribal police and Federal Bureau of Investigation (F.B.I.) agents with 18 U.S.C. § 5033, which requires the "forthwith" presentation of an arrested juvenile before a United States Magistrate. Appellant, Indian Boy "X," made a full confession of both an assault of

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