Nos. 04-2350, 05-2010.

436 F.3d 1246 (2006)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Santo ARRIETA, Defendant-Appellant/ Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

February 7, 2006.

Attorney(s) appearing for the Case

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, New Mexico, for Defendant-Appellant.

Douglas E. Couleur, Santa Fe, New Mexico, for Plaintiff-Appellee.

Before O'BRIEN, BALDOCK, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

The conviction in this case turns on whether a road maintained by Sante Fe County, New Mexico, lying between two parcels of land owned by non-Indians but within the exterior boundaries of the Pojoaque Pueblo, where the Pueblo's title has not been extinguished by Congress, is "Indian country" for purpose of the exercise of federal criminal jurisdiction.

I. Factual and Procedural Background

As a result of an altercation in...

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