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EAGLE v. YERINGTON PAIUTE TRIBE

No. 08-16786.

603 F.3d 1161 (2010)

Leslie Dawn EAGLE, Petitioner-Appellant, v. YERINGTON PAIUTE TRIBE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2010.

Attorney(s) appearing for the Case

Michael K. Powell, Reno, NV, for the petitioner/appellant.

Mitchell C. Wright, Reno, NV, for the respondent/appellee.

Before: ALEX KOZINSKI, Chief Judge, DAVID R. THOMPSON and M. MARGARET McKEOWN, Circuit Judges.

OPINION

THOMPSON, Senior Circuit Judge:

Leslie Dawn Eagle challenges her conviction of criminal child abuse in the tribal court for the Yerington Paiute Tribe. Dawn Eagle contends she was denied due process because the Tribe failed to allege and prove beyond a reasonable doubt that she was an "Indian," which, according to Dawn Eagle, is a necessary element of her crime of conviction. The district court concluded that Indian status, although a requirement...

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