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UNITED STATES v. HOODIE

Nos. 78-1172, 78-1173.

588 F.2d 292 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Louis HOODIE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Aaron Daniel KENNEDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 21, 1978.

Attorney(s) appearing for the Case

Susan F. Mandiberg, Asst. Federal Public Defender, Portland, Or., for defendants-appellants.

William Youngman, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.

CHOY, Circuit Judge:

Hoodie and Kennedy were convicted of burglary in federal district court and placed on probation. They appeal, claiming that the federal court lacked jurisdiction to hear their cases. We agree and thus vacate the judgments below.

Statement of the Case

On June 25, 1977, the Tribal Office Building on the Burns Paiute Reservation was burglarized. Appellants, enrolled members of the Burns Paiute Indian tribe, were charged with...

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