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U.S. v. MAGGI

Nos. 08-30223, 09-30052.

598 F.3d 1073 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Shane Medore MAGGI, aka Shane Maggi, Defendant-Appellant; United States of America, Plaintiff-Appellee, v. Gordon Ray Mann, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2010.

Attorney(s) appearing for the Case

Palmer A. Hoovestal (argued), Hoovestal Law Firm, PLLC, Helena, MT, for defendant-appellant Gordon Mann.

James B. Obie, Obie Law, P.C., Helena, MT; Daniel Donovan (argued), Great Falls, MT, for defendant-appellant Shane Maggi.

William W. Mercer, United States Attorney, E. Vincent Carroll (argued), Assistant U.S. Attorney, U.S. Attorney's Office, Great Falls, MT, for government-appellees United States of America.

Before: HAWKINS, M. MARGARET McKEOWN and JAY S. BYBEE, Circuit Judges.

McKEOWN, Circuit Judge:

The Major Crimes Act, 18 U.S.C. § 1153, provides federal criminal jurisdiction for certain crimes committed by Indians in Indian country. As the Supreme Court explained in United States v. Antelope, "we are dealing [ ] not with matters of tribal self-regulation, but with federal regulation of criminal conduct within Indian country implicating Indian interests." 430 U.S. 641, 646, 97 S.Ct. 1395, 51...

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