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U.S. v. BIRD

Nos. 02-30246, 02-30282.

342 F.3d 1045 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford Bird, Sr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Wesley Lane Crawford, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2003.

Attorney(s) appearing for the Case

David F. Ness and Michael Donahoe, Federal Defenders of Montana, Helena, Montana, for the defendants-appellants.

Klaus P. Richter, Office of the United States Attorney, Billings, Montana; Lori Harper Suek, Office of the United States Attorney, Great Falls, Montana, for the plaintiff-appellee.

Before: James R. Browning, Arthur L. Alarcón, and Richard R. Clifton, Circuit Judges.

Argued and Submitted August 6, 2003 — Seattle, Washington.

OPINION

ALARCÓN, Circuit Judge.

Clifford Bird Sr. and Wesley Lane Crawford (collectively "Appellants") appeal from the district court's orders denying their motions to dismiss the indictments against them. Appellants contend that the district court erred in ruling that the Government is not required to allege that the victim is an Indian as an element of a crime filed pursuant...

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