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U.S. v. BELGARDE

Nos. 01-30243, 01-30244.

300 F.3d 1177 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Curtis A. BELGARDE, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Curtis A. Belgarde, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2002.

Attorney(s) appearing for the Case

Klaus P. Rochter (argued), Assistant United States Attorney, Billings, Montana, for the plaintiff-appellee-appellant.

Michael Donahoe (argued), Assistant Federal Public Defender, Helena, Montana, for the defendant-appellee-appellant.

Before: NOONAN, HAWKINS and GOULD, Circuit Judges.

Opinion by Judge GOULD; Concurrence by Judge NOONAN; Concurrence by Judge GOULD.

GOULD, Circuit Judge.

The United States appeals the district court's dismissal of the indictment charging Curtis A. Belgarde with committing burglary in violation of 18 U.S.C. § 1153 and Montana's burglary statute. The district court granted Belgarde's motion to dismiss on the ground that the Montana Department of Family Services is not a "person" within the meaning of 18...

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