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UNITED STATES v. LOUD HAWK

Nos. 76-1906, 76-2127.

628 F.2d 1139 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth Moses LOUD HAWK, Russ James Redner, Leonard Peltier, Dennis James Banks, Darlene Pearl Nichols, who gives her true name as Kamook Banks, and Anna Mae Aquash, also known as Annie May Pictou and Naguset Eask, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 1, 1979.

Certiorari Denied March 3, 1980.

Attorney(s) appearing for the Case

Sidney Lezak, U. S. Atty., Portland, Or., on brief; Charles H. Turner, U. S. Atty., Portland, Or., for plaintiff-appellant.

Schiffman & Jones (argued), Steenson, Parkinson & Lea, Portland, Or., Dennis Roberts (argued) Oakland, Cal., on brief; Ronald P. Schiffman, Portland, Or., for defendants-appellees.

Before BROWNING, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, KENNEDY, ANDERSON, and HUG, Circuit Judges.

Certiorari Denied March 3, 1980. See 100 S.Ct. 1279.

TRASK, Circuit Judge, files an opinion and the judgment of the court. BROWNING, EUGENE A. WRIGHT, CHOY, WALLACE, J. BLAINE ANDERSON, and KENNEDY, Circuit Judges, concur in the result and in sections I, II, III and VI.

I

On November 13, 1975, Leonard Peltier and companions were thought by the FBI to be traveling across the State of Oregon. Peltier was then a fugitive from the United States authorities...

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