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UNITED STATES v. LEVESQUE

No. 80-1749.

681 F.2d 75 (1982)

UNITED STATES of America, Appellee, v. Leonard LEVESQUE, a/k/a Jason Levesque, and Raynard Levesque, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 22, 1982.

Attorney(s) appearing for the Case

Joseph L. Ferris, Ellsworth, Maine by appointment of the Court, with whom Libhart, Ferris, Dearborn, Willey & Ferm, Ellsworth, Maine, was on brief, for appellant Raynard Levesque.

Charles E. Gilbert, III, Bangor, Maine by appointment of the Court, and Vafiades, Brountas & Kominsky, Bangor, Maine, on brief for appellant Leonard Levesque.

Jay P. McCloskey, Asst. U. S. Atty., Bangor, Maine, with whom Richard S. Cohen, U. S. Atty., Portland, Maine, was on brief, for appellee.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

The appellants, Leonard and Raynard Levesque, are Passamaquoddy Indians. Because of their participation in certain violent events arising from a drunken brawl, they were prosecuted and convicted after a jury trial in the United States District Court for the District of Maine of having assaulted one Allen Dorn resulting in serious bodily injury. 18 U.S.C. § 1153. Federal prosecution was grounded on the theory, as alleged in the...

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