U.S. v. LARA

No. 01-3695.

324 F.3d 635 (2003)

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

United States Court of Appeals, Eighth Circuit.

Filed: March 24, 2003.


Attorney(s) appearing for the Case

Alexander F. Reichart, argued, Grand Fork, ND, for appellant.

Richard A. Friedman, argued, U.S. Dept. of Justice, Washington, DC, for appellee.

Before HANSEN, Chief Judge, McMILLIAN, BOWMAN, WOLLMAN, LOKEN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, and SMITH, Circuit Judges, En Banc.


WOLLMAN, Circuit Judge.

After a Spirit Lake Nation Reservation tribal court convicted him of assaulting a police officer, Billy Jo Lara was indicted by the federal government for assault on a federal officer in violation of 18 U.S.C. § 111(a)(1). Lara moved to dismiss the indictment on double jeopardy and selective prosecution grounds. Following the district court's denial of the motion, Lara entered a conditional plea of guilty to the indictment, reserving his...

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