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U.S. v. MARKIEWICZ

Nos. 798, 709, 809, 704, 568 and 710, Dockets 91-1077 to 91-1081 and 91-1135.

978 F.2d 786 (1992)

UNITED STATES of America, Appellee, v. Duane MARKIEWICZ, a/k/a Donald Markiewicz, a/k/a Don Marks; Brenda Kane; William Beglen; Otatdodah Homer; John Kane; and Linda Markiewicz, a/k/a Linda Marks, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 3, 1992.

Attorney(s) appearing for the Case

Joseph Douglas Wilson, Washington, D.C., Asst. U.S. Atty., U.S. Dept. of Justice, Washington, D.C. (Frederick J. Scullin, U.S. Atty., John J. Brunetti, Asst. U.S. Atty., N.D.N.Y., of counsel), for appellee.

Bruce R. Bryan, Syracuse, N.Y., for defendant-appellant Brenda Kane.

John A. Cirando, Syracuse, N.Y., for defendant-appellant William Beglen.

William M. Kunstler, New York City, for defendant-appellant John Kane.

J. Scott Porter, Syracuse, N.Y., for defendant-appellant Otatdodah Homer.

Kate Rosenthal, Syracuse, N.Y., for defendant-appellant Linda Marks.

Douglas G. Roberts, Syracuse, N.Y., for defendant-appellant Donald Marks.

Before: WINTER, PRATT and MAHONEY, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The six defendants before us challenge their convictions after a jury trial in the United States District Court for the Northern District of New York, Howard G. Munson, Judge.

The principal issue on this appeal is whether the district court had jurisdiction over those crimes that were committed by the Indian defendants. Five of the appealing defendants — William Beglen, Otatdodah Homer, Brenda Kane, Donald Marks...

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