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UNITED STATES v. HICKS

No. 78-2534.

625 F.2d 216 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. McDonald HICKS, Eli Davis, Jr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 15, 1980.

Attorney(s) appearing for the Case

Dale Danneman, Asst. U. S. Atty., Phoenix, Ariz., argued, for plaintiff-appellant; William F. Woods, Asst. U. S. Atty., Phoenix, Ariz., on brief.

J. Douglas McVay, David M. Ochoa, Asst. Federal Public Defender, Phoenix, Ariz., for defendants-appellees.

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

OPINION

WALLACE, Circuit Judge:

The government appeals the dismissal of an indictment against Hicks and Davis alleging against Davis two counts and against Hicks one count of carnal knowledge of a female Indian under 16 years of age in violation of 18 U.S.C. § 1153 and § 2032.1 In response to arguments that the statutes' classification on the basis of gender denies equal protection under the law, the district judge...

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