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UNITED STATES v. JONES

No. 78-2055.

607 F.2d 269 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Kyle R. JONES, Thayde L. Jones and Robert E. Gevara, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 24, 1979.

Attorney(s) appearing for the Case

Daniel R. Drake, Asst. U. S. Atty., Phoenix, Ariz., Daniel E. Fromstein, U. S. Atty., Dept. of Justice, Bethesda, Md., on brief; Michael D. Hawkins, U. S. Atty., Phoenix, Ariz., argued, for plaintiff-appellant.

David M. Heller, Samuel Alba, Jay M. Martinez, Hermilio Iniguez, Phoenix, Ariz., on brief; Tom O'Toole, Federal Public Defender, Phoenix, Ariz., argued, for defendants-appellees.

Before WALLACE and TANG, Circuit Judges, and THOMPSON, District Judge.

TANG, Circuit Judge.

On December 22, 1977 Forest Service officers and archaeologists allegedly observed the defendants, Kyle Jones, Thayde Jones, and Robert Gevara, digging in Indian ruins located on federal government land in the Brooklyn Basin of the Cave Creek Range District of the Tonto National Forest. The officers arrested the defendants, and a grand jury returned a two count indictment. Count I of the indictment charged that the defendants wilfully and knowingly...

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