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UNITED STATES v. DUBOISE

No. 78-1449.

604 F.2d 648 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Victor DUBOISE, a juvenile, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 24, 1979.

Attorney(s) appearing for the Case

Robert Bruce Collins, Asst. U. S. Atty. (R. E. Thompson, U. S. Atty., Albuquerque, N. M., on brief), for plaintiff-appellee.

Louis S. Marjon, Albuquerque, N. M., for defendant-appellant.

Before HOLLOWAY, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This case presents the question whether a 16-year-old American Indian, a member of the Navajo Tribe, is entitled to a jury trial notwithstanding that the proceedings were filed under the Federal Juvenile Delinquency Act pursuant to his electing to have the matter so proceed. The Juvenile Delinquency Act does not, of course, permit trial by a jury. It contemplates that the proceedings will be before a district judge.

The charge...

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