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U.S. v. TSINHNAHIJINNIE

No. 96-10082.

112 F.3d 988 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Pahe Jim TSINHNAHIJINNIE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1997.

Attorney(s) appearing for the Case

Sigmund G. Popko, Assistant Federal Public Defender, Phoenix, AZ, for defendant-appellant.

Elizabeth M. Overholt, Assistant United States Attorney, Phoenix, AZ, for plaintiff-appellee.

Before: HUG, Chief Judge, THOMPSON and KLEINFELD, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge:

This case turns on one issue, whether the evidence was sufficient, or there was a fatal variance between the indictment and evidence, as to when the crime occurred.

Facts

Tsinhnahijinnie was indicted for abusive sexual contact on a child "within the Indian country":

On or between June 1992 and July 1992, in the District of Arizona, within the confines of the Gila River Indian Reservation, Indian...

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