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U.S. v. LANGFORD

No. 10-6070.

641 F.3d 1195 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Robert M. LANGFORD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 11, 2011.

Attorney(s) appearing for the Case

Howard A. Pincus ( Raymond P. Moore , Federal Public Defender with him on the briefs), Office of the Federal Public Defender, Denver, CO, for the Defendant-Appellant.

Linda A. Epperley ( Sheldon J. Sperling , U.S. Attorney with her on the briefs), Office of the United States Attorney, Muskogee, OK, for the Plaintiff-Appellee.

Before KELLY, HOLLOWAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Robert Langford appeals his conviction for being a spectator at a cockfight under 18 U.S.C. §§ 13, 1151, and 1152, applying Okla. Stat. tit. 21, § 1692.6. We conclude that federal courts do not have authority over victimless crimes committed by non-Indians in Indian country. Reviewing the district court's determination under 28 U.S.C. § 1291, we vacate Langford's conviction and remand for the criminal information to be dismissed...

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