UNITED STATES v. PINO

No. 77-1595.

606 F.2d 908 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Moses PINO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 30, 1979.


Attorney(s) appearing for the Case

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

L. Lamar Parrish, Albuquerque, N. M. (Calvin Hyer, Jr., of Ussery, Burciaga & Parrish, Albuquerque, N. M., on the brief), for defendant-appellant.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.


HOLLOWAY, Circuit Judge.

Defendant-appellant Moses Pino, an Indian of the Zia Pueblo in New Mexico, was convicted on a jury verdict of a charge of violation of 18 U.S.C. Secs. 1153 and 1112. The indictment charged that defendant, an Indian, in Indian country "did, while driving a motor vehicle in an unlawful manner without due caution and circumspection, unlawfully kill Leslie W. Malcomb."

Defendant appeals his conviction and sentence,1<...

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