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U.S. v. BURNSIDE

No. 87-1073.

831 F.2d 868 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Sylvester BURNSIDE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1987.

Attorney(s) appearing for the Case

Roger W. Dokken, Phoenix, Ariz., for plaintiff-appellee.

David Lee Titterington, Phoenix, Ariz., for defendant-appellant.

Before ALARCON and O'SCANNLAIN, Circuit Judges, and WILLIAMS, District Judge.

DAVID W. WILLIAMS, District Judge:

Sylvester Burnside, an American Indian, pled guilty to a superseding information which charged involuntary sodomy, a violation of the Major Crimes Act, 18 U.S.C. Sec. 1153 and A.R.S. Secs. 13-1406 and 13-1401. The victim was an Indian minor who did not consent to the act. The offense occurred on the Navajo Indian Reservation in the State of Arizona. Burnside appeals the denial of his motion to dismiss upon the ground that the federal...

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