UNITED STATES v. DUPRIS

No. 78-1575.

612 F.2d 319 (1979)

UNITED STATES of America, Appellant, v. Glen D. DUPRIS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 27, 1979.

Rehearing Denied April 14, 1980.


Attorney(s) appearing for the Case

Carl Strass, Atty., App. Section, Land and Natural Resources Div., Dept. of Justice, Washington, D. C. (argued), James W. Moorman, Asst. Atty. Gen., Anthony C. Liotta, Acting Asst. Atty. Gen., Robert L. Klarquist, Steven E. Carroll, Neil T. Proto, Attys., Dept. of Justice, Washington, D. C., and Robert D. Hiaring, U. S. Atty., Sioux Falls, S. D., on brief, for appellant.

W. Richard West, Jr., Fried, Frank, Harris, Shriver & Kampelman, Washington, D. C., for amicus curiae, Cheyenne River Sioux Tribe.

David L. Bergren, Fort Pierre, S. D., for appellee.

Tom D. Tobin, Winner, S. D., for amicus curiae, Dewey, Ziebach and Corson Counties, South Dakota, and the County of Sioux, North Dakota.

Before HEANEY, ROSS and McMILLIAN, Circuit Judges.


HEANEY, Circuit Judge.

The United States appeals from the judgment of the District Court1 dismissing an information against Glen D. Dupris, who was charged with burglary and larceny. Dupris was prosecuted under 18 U.S.C. § 1153 which provides exclusive federal jurisdiction over specified offenses committed by any Indian in "Indian country."2 The District Court granted Dupris' motion to dismiss on the ground...

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