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UNITED STATES v. BURNETT

No. 84-1453.

777 F.2d 593 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Ed BURNETT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 21, 1985.

Attorney(s) appearing for the Case

Art Fleak, Tulsa, Okl., for defendant-appellant.

Keith Ward, Asst. U.S. Atty. (Layn R. Phillips, U.S. Atty., and Ben F. Baker, Asst. U.S. Atty., on brief), Tulsa, Okl., for plaintiff-appellee.

Before HOLLOWAY, C.J., LOGAN, Circuit Judge and CARRIGAN, District Judge.

CARRIGAN, District Judge.

Harold Ed Burnett was convicted of first degree murder in the Northern District of Oklahoma. On appeal he asserts six grounds.

First, Burnett argues that the United States District Court lacked subject matter jurisdiction. The issue turns on whether the site of the killing is in "Indian country" subject to federal jurisdiction under 18 U.S.C. § 1153 (1982). If it is not Indian country, the state of Oklahoma has exclusive jurisdiction...

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