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U.S. v. STYMIEST

No. 08-3320.

581 F.3d 759 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew David STYMIEST, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 22, 2009.

Attorney(s) appearing for the Case

Scott Duncan McGregor, AFPD, argued, Rapid City, SD, Edward Albright, AFPD, Pierre, SD, on the brief, for appellant.

Mark E. Salter, AUSA, argued, Sioux Falls, SD, Timothy Marshall Maher, AUSA, Pierre SD, on the brief, for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON and GRUENDER, Circuit Judges.

LOKEN, Chief Judge.

Matthew David Stymiest was indicted for assault resulting in serious bodily injury in Indian country in violation of 18 U.S.C. §§ 113(a)(6) and 1153. Stymiest moved to dismiss the indictment for lack of jurisdiction, alleging he is not an Indian. The district court1 denied the motion, concluding that Indian status is an element of the offense, not a jurisdictional...

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