UNITED STATES v. BENALLY

No. 83-2463.

756 F.2d 773 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Frank BENALLY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 5, 1985.


Attorney(s) appearing for the Case

Presiliano Torres, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., Albuquerque, N.M., with him on brief), for plaintiff-appellee.

Tova Indritz, Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Before McKAY, BREITENSTEIN and LOGAN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellant-defendant Frank Benally was indicted for, and convicted by a jury of, vehicular homicide in violation of 18 U.S.C. §§ 1153 and 1112. He appeals from the sentence pronounced. We reverse.

On February 18, 1983, defendant, a Navajo Indian, gave his neighbors and relatives, Jerry and Dorothy Wilson, also Navajo Indians, a ride from Newcomb, New Mexico, on the Navajo Reservation to Farmington, New Mexico, to do various...

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