No. 03-30171.

394 F.3d 1215 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Violet BRUCE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 13, 2005.

Attorney(s) appearing for the Case

John Rhodes and Anthony R. Gallagher, Federal Public Defender's Office, Missoula, MT, Michael Donahoe, Federal Defenders of Montana, Helena, MT, for the defendant-appellant.

Marcia Hurd, William W. Mercer and Klaus P. Richter, United States Attorney's Office, Billings, MT, for the plaintiff-appellee.

Before: O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge.

Violet Bruce appeals her conviction for simple assault on an Indian child less than 16 years of age on a reservation in violation of 18 U.S.C. §§ 1152 and 113(a)(5). In her sole claim of error, Bruce asserts that the case against her was brought under the wrong statute. The government charged Bruce under § 1152, which covers offenses committed in Indian country, but excepts crimes committed by an Indian against another Indian....

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