1. Home
  2. Browse Decisions
  3. F.3d
  4. 572 F.3d
  5. 572 F.3d 954 (2009)
 

U.S. v. GRAHAM

Nos. 08-3580, 09-2009.

572 F.3d 954 (2009)

UNITED STATES of America, Appellant, v. John GRAHAM, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2009.

Attorney(s) appearing for the Case

Marty J. Jackley, argued, Mark E. Salter, AUSA, Sioux falls, SD, for appellant.

John R. Murphy, argued, Rapid City, SD, for appellee.

Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

BENTON, Circuit Judge.

A grand jury indicted John Graham on one count of first degree murder, 18 U.S.C. § 1153. The district court1 dismissed the indictment because it failed to allege his Indian status. Months later, the district court dismissed an identical count in a later indictment. The government appeals. This court affirms.

I.

In 2003, a grand jury charged:

On or about the 12th day of December, 1975...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases