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REBER v. STEELE

No. 08-4057.

570 F.3d 1206 (2009)

Colton REBER, Petitioner-Appellant, v. Hon. Larry A. STEELE, and Mark L. Shurtleff, Utah Attorney General, Respondent-Appellees.

United States Court of Appeals, Tenth Circuit.

July 1, 2009.

Attorney(s) appearing for the Case

Michael L. Humiston, Heber City, UT, for Petitioner-Appellant.

Erin Riley, Assistant Attorney General (Mark L. Shurtleff, Utah Attorney General, with her on the brief), Salt Lake City, UT, for Respondents-Appellees.

Before HENRY, Chief Judge, McWILLIAMS and GORSUCH, Circuit Judges.

HENRY, Chief Judge.

Petitioner Colton Reber, a descendant of the Uintah Band Indians, was convicted in Utah state juvenile court of felony wanton destruction of wildlife, in violation of Utah Code § 23-20-4. Having exhausted his remedies through the state courts, Mr. Reber filed the present 28 U.S.C. § 2254 action in the United States District Court for the District of Utah. Mr. Reber's § 2254 petition contends that because he is an Indian, and because...

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