U.S. v. PRENTISS

No. 98-2040.

206 F.3d 960 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Ricco PRENTISS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 24, 2000.


Attorney(s) appearing for the Case

Kevin K. Washburn, Assistant United States Attorney (John J. Kelly, United States Attorney, with him on the brief), Albuquerque, New Mexico for Plaintiff-Appellee.

Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, New Mexico for Defendant-Appellant.

Before BALDOCK, HENRY, and LUCERO, Circuit Judges.


HENRY, Circuit Judge.

On November 23, 1996, a jury found the defendant, Ricco Prentiss, guilty of one count of arson in violation of 18 U.S.C. §§ 81 and 1152. In this appeal, Mr. Prentiss raises the following six arguments: (1) the district court lacked subject matter jurisdiction because the government failed to allege or establish, as a prerequisite to federal jurisdiction, the Indian or non-Indian status of the defendant and victim; (2) the indictment...

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