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UNITED STATES v. JACKSON

No. 78-3493.

600 F.2d 1283 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Donald A. JACKSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 17, 1979.

Attorney(s) appearing for the Case

Peter H. Wells, Corey, Byler & Rew, Pendleton, Or., on brief; Steven H. Corey, Pendleton, Or., for defendant-appellant.

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

Before WRIGHT and TANG, Circuit Judges, and PALMIERI, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

We must decide whether an enrolled member of the Confederated Tribes of the Umatilla Reservation (tribe), who hunted on the reservation in violation of a tribal ordinance, may be prosecuted in federal court under 18 U.S.C. § 1165 which provides:

Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any . . Indian tribe, . . . for the purpose of hunting, . . . shall...

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