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U.S. v. WALKINGEAGLE

No. 91-5420.

974 F.2d 551 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. John Clyde WALKINGEAGLE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 8, 1992.

Attorney(s) appearing for the Case

Stephen Paul Lindsay, Lindsay & True, Asheville, N.C., argued, for defendant-appellant.

Thomas Richard Ascik, Asst. U.S. Atty., Asheville, N.C., argued (Thomas J. Ashcraft, U.S. Atty., on brief), for plaintiff-appellee.

Before HALL and HAMILTON, Circuit Judges, and KELLAM, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

John Walkingeagle, an American Indian, appeals his conviction under the Major Crimes Act, 18 U.S.C. §§ 1153, 3242 (the "Act") of assault by striking, beating or wounding. Walkingeagle argues that the district court lost jurisdiction over lesser-included offenses when it entered a judgment of acquittal on the felony counts. We affirm.

I.

John Walkingeagle and his girlfriend, Melissa Garcia, were...

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