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U.S. v. HOUSER

No. 96-30083.

130 F.3d 867 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Donald HOUSER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 9, 1997.

Attorney(s) appearing for the Case

Stephen R. Hormel, Assistant Federal Public Defender, Spokane, WA, for defendant-appellant.

James M. Peters, Assistant United States Attorney, Boise, ID, for plaintiff-appellee.

Before: CANBY and TASHIMA, Circuit Judges, and SILVER, District Judge.

CANBY, Circuit Judge:

Donald Leonard Houser was convicted by a jury of murder in the second degree, in violation of 18 U.S.C. § 1111, and use of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). Houser is a non-Indian; his victim was an Indian. The crime occurred within the Coeur d'Alene Indian Reservation in Idaho.

Houser challenges his conviction on four grounds. He contends that: (1) the district court...

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