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UNITED STATES v. BARQUIN

No. 86-1053.

799 F.2d 619 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. James D. BARQUIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 20, 1986.

Attorney(s) appearing for the Case

David B. Hooper, Riverton, Wyo., for defendant-appellant.

Francis Leland Pico, Asst. U.S. Atty. (Richard A. Stacy, U.S. Atty., with him on brief), Cheyenne, Wyo., for plaintiff-appellee.

Before MOORE, SETH and ANDERSON, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This is an appeal following entry of a conditional plea of nolo contendere pursuant to Fed.R.Crim.P. 11(a)(2). The sole question presented by this appeal is whether an Indian tribe or its business council is a "local government agency" within the context of 18 U.S.C. § 666(c). We conclude the question is answered in the negative and reverse.

The defendant, an enrolled member of the Shoshone/Arapahoe Tribes, entered his plea...

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