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U.S. v. GENSCHOW

No. 09-1946.

645 F.3d 803 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Robert C. GENSCHOW, Sr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 19, 2011.

Attorney(s) appearing for the Case

ARGUED: Richard D. Stroba , Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. Jeff J. Davis , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Paul L. Nelson , Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. Jeff J. Davis , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: BOGGS, SUHRHEINRICH, and STRANCH, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant-Appellant Robert C. Genschow, Sr., a member of the Keweenaw Bay Indian Community, was convicted of destroying trees on the Ontonagon Reservation in violation of 18 U.S.C. § 1853, and stealing tribal property for his own use in violation of 18 U.S.C. § 1163. On appeal, Genschow claims his conviction was improper because he had a right to use the land as chief of the Ontonagon Band. He further contends...

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