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U.S. v. SPENCER

No. 88-3294.

905 F.2d 1260 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Allen Anthony SPENCER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1990.

Attorney(s) appearing for the Case

Hap Wong, Portland, Or., for defendant-appellant.

William W. Youngman, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before WRIGHT, TANG and FERNANDEZ, Circuit Judges.

TANG, Circuit Judge:

Allen Anthony Spencer appeals his conviction of receiving stolen property under 18 U.S.C. § 662. We reverse and remand with instructions to vacate Spencer's sentence and dismiss the indictment against Spencer for want of jurisdiction.

FACTS AND PROCEEDINGS BELOW

On January 22, 1988, Ricky Sampson and James Starr burglarized a residence on the Umatilla Indian Reservation near Pendleton, Oregon. Sampson and Starr took a number...

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