U.S. v. WELCH

No. 86-5039.

822 F.2d 460 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Kirby WELCH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 6, 1987.


Attorney(s) appearing for the Case

Stephen Jon Cribari, Deputy Federal Public Defender (Fred Warren Bennett, Federal Public Defender, Baltimore, Md., on brief), for defendant-appellant.

Jerry Wayne Miller, Asst. U.S. Atty., Asheville, N.C. (Kenneth W. McAllister, U.S. Atty., Douglas Cannon, Asst. U.S. Atty., Greensboro, N.C., Becky M. Strickland, Paralegal Specialist, on brief), for plaintiff-appellee.

Before WIDENER, PHILLIPS, and CHAPMAN, Circuit Judges.


CHAPMAN, Circuit Judge:

The appellant, an American Indian, appeals his convictions for first degree rape and for a first degree sexual offense (engaging in a sexual act with a child under thirteen years of age and at least four years younger than the defendant). The victim was a female American Indian age three and the offense occurred on the Cherokee Indian Reservation in the Western District of North Carolina. The first degree rape count was charged in Count 1 under...

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