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U.S. v. LARA

No. 01-3695.

294 F.3d 1004 (2002)

UNITED STATES of America, Appellee, v. Billy Jo LARA, also known as Billy Joe Lara, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 24, 2002.

Rehearing Granted; Opinion and Judgment Vacated August 1, 2002.

Attorney(s) appearing for the Case

Alexander F. Reichert, argued, Grand Forks, ND, for appellant.

Janice M. Morley, Asst. U.S. Atty., Fargo, ND, for appellee.

Before HANSEN, Chief Judge, FAGG and BOWMAN, Circuit Judges.

Rehearing En Banc Granted; Opinion and Judgment Vacated August 1, 2002.

FAGG, Circuit Judge.

Bureau of Indian Affairs officers arrested Billy Jo Lara on the Spirit Lake Nation Reservation for public intoxication. Lara is an Indian, but not a member of the Spirit Lake Nation. When BIA officers reminded Lara of the order excluding him from the Spirit Lake Nation Reservation, Lara struck an officer with his fist. Lara pleaded guilty in tribal court to three violations...

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