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UNITED STATES v. GIPE

No. 80-1777.

672 F.2d 777 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Billy GIPE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1982.

Attorney(s) appearing for the Case

Thomas F. Harper, Harrison, Myers, Singer & Lerch, Phoenix, Ariz., for defendant-appellant.

Roger K. Dokken, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before CHOY, HUG and POOLE, Circuit Judges.

PER CURIAM:

Appellant Gipe appeals from his conviction for possessing intoxicating liquors in "Indian country" in violation of 18 U.S.C. § 1156.1 Because the district court did not apply the beyond-a-reasonable-doubt standard in determining the existence of one of the facts necessary to constitute the crime, we reverse and remand.

Gipe admits to possessing and selling beer at Fort Courage, a shopping area located on fee-patented...

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