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U.S. v. M.W.

No. 88-2206.

890 F.2d 239 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. M.W., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 22, 1989.

Attorney(s) appearing for the Case

Douglas J. Mickey, Cheyenne, Wyoming, on briefs, for defendant-appellant.

Richard A. Stacy, U.S. Atty., and Lisa E. Leschuck, Asst. U.S. Atty., District of Wyoming, Cheyenne, Wyoming, on briefs, for plaintiff-appellee.

Before LOGAN and BALDOCK, Circuit Judges, and PHILLIPS, District Judge.

LOGAN, Circuit Judge.

This is an appeal by an Indian juvenile of his adjudication as a delinquent based upon his commission of the crime of arson. On this appeal we must consider (1) the mens rea required under the federal arson statute, 18 U.S.C. § 81, and (2) whether the district court's findings on the mens rea requirement are supported by the evidence.1

Defendant, a fifteen-year-old enrolled Shoshone Indian, along with...

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