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U.S. v. ASHLEY

No. 00-2189.

255 F.3d 907 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Melford ASHLEY, Sr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2001.

Attorney(s) appearing for the Case

Marty J. Jackley, argued, Rapid City, SD, for appellant.

Randolph J. Seiler, argued, Pierre, SD (Mary P. Thorstenson, on the brief), for appellee.

BEFORE: MORRIS SHEPPARD ARNOLD and JOHN R. GIBSON, Circuit Judges, and GOLDBERG, Judge.

JOHN R. GIBSON, Circuit Judge.

Melford Ashley, Sr. appeals from his conviction of assault resulting in serious bodily injury, 18 U.S.C. § 113(a)(6) (1994). Ashley is an Indian, as was his victim, and the crime was committed in Indian country. Jurisdiction was predicated on the Major Crimes Act, 18 U.S.C. § 1153 (1994), and Ashley entered a conditional guilty plea reserving his right to contest jurisdiction. Ashley argues that our earlier decisions in

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