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UNITED STATES v. HESTER

No. 83-1020.

719 F.2d 1041 (1983)

UNITED STATES of America, Plaintiff/Appellee, v. Terry Lee HESTER, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1983.

Attorney(s) appearing for the Case

Arthur Garcia, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff/appellee.

James H. Kemper, Phoenix, Ariz., for defendant/appellant.

Before DUNIWAY, SWYGERT and CANBY, Circuit Judges.

CANBY, Circuit Judge:

A jury found Hester guilty of eleven sexually-related crimes all involving Indian pupils at a boarding school on the Navajo Reservation. The Federal Enclaves Act, 18 U.S.C. § 1152, provided the basis for all the convictions. In this appeal, Hester asserts that the district court erred by not dismissing the indictment because it did not allege Hester's non-Indian status. In addition, Hester argues...

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