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UNITED STATES v. ELK

No. 77-1263.

561 F.2d 133 (1977)

UNITED STATES of America, Appellee, v. Anthony ELK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1977.

Attorney(s) appearing for the Case

Burt L. Riskedahl, Bismarck, N.D., filed brief for appellant.

Eugene K. Anthony, U.S. Atty., Fargo, N.D., and James S. Hill, Asst. U.S. Atty., Bismarck, N.D., filed brief for appellee.

Before LAY, BRIGHT and STEPHENSON, Circuit Judges.

PER CURIAM.

A federal grand jury on November 17, 1976, charged Anthony Elk with assaulting a federal officer in violation of 18 U.S.C. §§ 111 and 1114. At the time of the alleged offense, Anthony Elk, an Indian, resided on the Fort Berthold Indian Reservation in North Dakota. In October of 1976, the local tribal court tried and convicted him of resisting lawful arrest in violation of the penal code of the Three Affiliated Tribes. Because the federal assault...

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