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UNITED STATES v. MILLER

No. 80-2289.

659 F.2d 1029 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Larry MILLER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 16, 1981.

Attorney(s) appearing for the Case

Jeffrey Fisher, Asst. U. S. Atty., Cheyenne, Wyo. (Toshiro Suyematsu, U. S. Atty., Francis Leland Pico, Asst. U. S. Atty., and George Santini, Legal Intern, Cheyenne, Wyo., on brief), for plaintiff-appellee.

John R. Hursh, Central Wyoming Law Associates, P. C. Riverton, Wyo., for defendant-appellant.

Before McWILLIAMS and DOYLE, Circuit Judges, and TEMPLAR, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

The question in this case is whether a criminal prosecution can be employed for the purpose of settling what in essence is a property dispute.

Defendant Larry Miller was charged with criminal trespass for crossing Indian land on the Wind River Indian Reservation. The prosecution was pursued under an assimilated Wyoming statute § 6-10-102 (1977), and the assimilation was through...

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