UNITED STATES v. COWBOY

No. 81-2280.

694 F.2d 1228 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Mary Lucille COWBOY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 6, 1982.


Attorney(s) appearing for the Case

Ezra H. Friedman, U.S. Atty., Department of Justice, Washington, D.C. (Richard A. Stacy, U.S. Atty. for the District of Wyoming, with him on the brief), for plaintiff-appellant.

Frederic C. Reed, Cheyenne, Wyo., for defendant-appellee.

Before HOLLOWAY, McWILLIAMS and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

This appeal presents an interesting jurisdictional question. The only issue before us is whether the district court was correct in holding that federal jurisdiction does not exist over an alleged violation of one of the Indian liquor statutes, 18 U.S.C. § 1154 (1976), by an Indian within Indian country.

Mary Cowboy is an enrolled member of the Arapahoe Tribe of the Wind River Reservation...

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