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U.S. v. PRENTISS

No. 98-2040.

256 F.3d 971 (2001)

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

United States Court of Appeals, Tenth Circuit.

July 12, 2001.

Attorney(s) appearing for the Case

Norman C. Bay, United States Attorney (Richard A. Friedman, Appellate Section, Criminal Division, Jason Bowles and Fred J. Federici, Assistant United States Attorneys, 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 TACHA, Chief Judge, and SEYMOUR, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.

ON REHEARING EN BANC

PER CURIAM.

After a divided panel vacated the defendant's conviction for committing arson in Indian country, in violation of 18 U.S.C. §§ 81 and 1152, see United States v. Prentiss, 206 F.3d 960, 962 (10th Cir.2000), this court granted rehearing en banc on the following questions: (1) whether the Indian/non-Indian statuses of the victim and the defendant constitute elements of the crime...

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