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UNITED STATES v. PINO

No. 81-1538.

708 F.2d 523 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Amos PINO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 26, 1983.

Attorney(s) appearing for the Case

Dana L. Larson, Littleton, Colo., for defendant-appellant.

Richard J. Smith, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., and Benjamin Silva, Jr., Asst. U.S. Atty., Albuquerque, N.M., were on the brief), for plaintiff-appellee.

Before HOLLOWAY, BARRETT and SEYMOUR, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-appellant Amos Pino, an Indian, brings this timely appeal from his conviction, after a jury trial, of involuntary manslaughter,1 a lesser included offense of the second degree murder offense charged by indictment, in the beating death of James Coho, another Indian, in Indian Country in violation of 18 U.S.C. § 1153 and § 1111.2

For reversal, defendant argues...

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