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UNITED STATES v. MALONEY

No. 77-3835.

607 F.2d 222 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Martin James MALONEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 9, 1979.

Attorney(s) appearing for the Case

Tom O'Toole, Federal Public Defender, David M. Heller, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

W. Ronald Jennings, Asst. U. S. Atty., Phoenix, Ariz., A. Bates Butler, III, 1st Asst. U. S. Atty., Jon R. Cooper, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before BARNES and HUG, Circuit Judges, and CURTIS, District Judge.

BARNES, Circuit Judge:

Appellant Maloney, a Navajo Indian, was found guilty of violating 18 U.S.C. §§ 1153 and 661 for taking $1,797 from Mrs. McCray, also a Navajo Indian, while on an Indian reservation. The sole issue raised on appeal is whether the district court erred in refusing to instruct the jury that they had to find that the appellant intended to permanently deprive Mrs. McCray of the money before they...

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