U.S. v. PRENTISS

No. 98-2040.

273 F.3d 1277 (2001)

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

United States Court of Appeals, Tenth Circuit.

December 6, 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 briefs), Albuquerque, NM, for Plaintiff-Appellee.

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

Before HENRY, BALDOCK, and LUCERO, Circuit Judges.


HENRY, Circuit Judge.

The defendant Ricco Prentiss was convicted after a jury trial of arson in Indian country, in violation of 18 U.S.C. §§ 81 and 1152. A divided panel vacated the conviction, holding that: (1) the indictment failed to allege two essential elements of the offense (the Indian/non Indian statuses of the victim and the defendant); and (2) that the indictment's deficiency was not subject to review...

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