U.S. v. COOPER

Nos. 86-1477, 86-1508.

812 F.2d 1283 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Ivan COOPER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Raymond Keith COOPER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 27, 1987.


Attorney(s) appearing for the Case

Susan Otto, Asst. Federal Public Defender (Steve Soltis, Asst. Federal Public Defender, on the brief), Oklahoma City, Okl., for defendant-appellant Walter Ivan Cooper.

Peter Schild, Boulder, Colo., for defendant-appellant Raymond Keith Cooper.

Eleanor D. Thompson, Asst. U.S. Atty. (William S. Price, U.S. Atty., with her on the brief), Oklahoma City, Okl., for plaintiff-appellee.

Before McKAY, SETH and BALDOCK, Circuit Judges.


SETH, Circuit Judge.

The two defendants-appellants are brothers and were indicted together in a single count indictment under 18 U.S.C. § 113(a). The charge in the statutory language was that the defendants, members of the Comanche Tribe on an Indian allotment, "did assault ... Jaime Fernandez with intent to commit murder ... in violation of Title 18, United States Code, Sections ... 113(a)...." The defendants were convicted under 18 U.S.C. § 113(f) as a...

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