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U.S. v. ERROL D., JR.

No. 00-30337.

292 F.3d 1159 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. ERROL D., JR., a Juvenile, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2002.

Attorney(s) appearing for the Case

Anthony R. Gallagher, Federal Defender, and Michael Donahoe, Assistant Federal Defender, Helena, MT, for the defendant-appellant.

Sherry Scheel Matteucci, United States Attorney, Klaus P. Richter, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.

Before: B. FLETCHER, BRUNETTI, and FISHER, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge.

Errol D., a juvenile and a member of the Fort Peck Tribe, appeals his delinquency adjudication and sentence for burglarizing the Bureau of Indian Affairs ("BIA") facilities management building on the Fort Peck Indian Reservation. We hold that the criminal statute under which he was charged — the Indian Major Crimes Act ("MCA") (codified at 18 U.S.C. § 1153) — does not...

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