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U.S. v. BORDEAUX

No. 92-1032.

980 F.2d 534 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Narvin J. BORDEAUX, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1992.

Attorney(s) appearing for the Case

Ramon A. Roubideaux, Rapid City, S.D., argued, for defendant-appellant.

Dennis R. Holmes, Asst. U.S. Atty., Pierre, S.D., argued (Kevin V. Schieffer, U.S. Atty., Sioux Falls, S.D., on the brief), for plaintiff-appellee.

Before BOWMAN, LOKEN, Circuit Judges, and LARSON, Senior District Judge.

LOKEN, Circuit Judge.

A jury convicted Narvin Bordeaux, a Native American, of second degree murder "within the Indian country" in violation of 18 U.S.C. §§ 1111 and 1153. On appeal, Bordeaux argues that the evidence of malice was insufficient to support a murder conviction, that the district court1 erred in refusing to instruct on the lesser-included offense of voluntary manslaughter, and that Bordeaux's confession should have...

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