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LaPIER v. McCORMICK

No. 91-35832.

986 F.2d 303 (1993)

Leland Neal LaPIER, Petitioner-Appellant, v. Jack McCORMICK, Warden, Montana State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1993.

Attorney(s) appearing for the Case

Leland Neal LaPier, pro se.

George M. Schunk, Asst. Atty. Gen., Helena, MT, for respondent-appellee.

Before WRIGHT, FLETCHER, and CANBY, Circuit Judges.

FLETCHER, Circuit Judge:

LaPier appeals the denial of his 28 U.S.C. § 2254 (1988) habeas corpus petition challenging his conviction in Montana state court for aggravated burglary, aggravated kidnapping, and felony assault. This case turns on whether LaPier is an Indian for purposes of criminal jurisdiction. If he is such an Indian, the Montana state court lacked criminal jurisdiction over him. The district court found that LaPier was not an Indian for these purposes...

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