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U.S. v. PLUFF

No. 00-30227.

253 F.3d 490 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford C. PLUFF, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2001.

Mandate Recalled and Amended August 6, 2001.

Attorney(s) appearing for the Case

Gerald R. Smith (Briefed), Federal Defenders of Eastern Washington and Idaho, Spokane, Washington, for the defendant-appellant.

Brent A. Hart (Argued), Federal Defenders of Eastern Washington and Idaho, Spokane, Washington, for the defendant-appellant.

Nancy D. Cook (Briefed), United States Attorney's Office, Coeur d'Alene, Idaho, for the plaintiff-appellee.

Lynne W. Lamprecht (Argued), United States Attorney's Office, Boise, Idaho, for the plaintiff-appellee.

Before: JEROME FARRIS, STEPHEN S. TROTT, and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted May 11, 2001 — Seattle, Washington

TROTT, Circuit Judge:

The Major Crimes Act, 18 U.S.C. § 1153, ("the MCA") provides for federal jurisdiction over certain major crimes committed by Indians on Indian Reservations. Because some of these offenses are punishable by the federal government only when they occur on Indian Reservations or other federal enclaves, federal definitions do not exist for certain MCA crimes. The MCA fills...

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