UNITED STATES v. SANGREY

No. 80-3116.

648 F.2d 597 (1981)

UNITED STATES of America, Defendant-Appellee, v. Dennis SANGREY, Plaintiff-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1981.


Attorney(s) appearing for the Case

Chris J. Nelson, Billings, Mont., for plaintiff-appellant.

Sara Criscitelli, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WRIGHT and NELSON, Circuit Judges, and THOMPSON, District Judge.


NELSON, Circuit Judge:

Appellant was convicted of carnal knowledge of a female Indian under sixteen years of age in violation of 18 U.S.C. § 1153 and § 2032. He was sentenced to ten years pursuant to 18 U.S.C. § 5010(c). Following the affirmation of his conviction, the Appellant petitioned the district court to vacate and set aside the judgment and sentence, claiming that 18 U.S.C. § 2032 is unconstitutional on its face because it discriminates...

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