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UNITED STATES v. FELTER

No. 82-1745.

752 F.2d 1505 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Oranna Bumgarner FELTER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 17, 1985.

Attorney(s) appearing for the Case

Martin Green, U.S. Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Raymond N. Zagone and Robert L. Klarquist, U.S. Dept. of Justice, Washington, D.C., Brent D. Ward, U.S. Atty., Bruce Lubeck, Asst. U.S. Atty., Salt Lake City, Utah, were also on the briefs), for plaintiff-appellant.

Kathryn Collard of Collard, Pixton, Iwasaki & Downes, Salt Lake City, Utah, for defendant-appellee.

Martin E. Seneca, Jr., Washington, D.C., argued and submitted briefs for amicus curiae, the Ute Indian Tribe.

Mary Ellen Sloan, Salt Lake City, Utah, submitted a brief for amicus curiae, the Paiute Indian Tribe.

Before HOLLOWAY, Chief Judge, McWILLIAMS, Circuit Judge, and KERR, District Judge.

HOLLOWAY, Chief Judge.

The Government appeals the district court's ruling that defendant, a mixed-blood Ute Indian, did not unlawfully fish within the Uintah and Ouray Indian Reservation in violation of 18 U.S.C. § 1165. The Act of August 27, 1954, ch. 1009, 68 Stat. 868, codified at 25 U.S.C. §§ 677-677aa ("1954 Act"), divided the Ute Tribe into two groups: mixed-blood members and full-blood members. The district court held that persons identified...

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