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U.S. v. SHAVANAUX

No. 10-4178.

647 F.3d 993 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Adam SHAVANAUX, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 26, 2011.

Attorney(s) appearing for the Case

Richard A. Friedman , Department of Justice, Appellate Section, Criminal Division, Washington, D.C. ( Charlie Christensen and Trina A. Higgins , Office of the United States Attorney, District of Utah, Salt Lake City, UT; Lanny A. Breuer and Gregory D. Andres , Department of Justice, Criminal Division, Washington, DC, with him on the briefs), for the Plaintiff-Appellant.

Benjamin C. McMurray ( Steven B. Killpack and Scott Keith Wilson with him on the briefs), Office of the Federal Public Defender, District of Utah, Salt Lake City, UT, for the Defendant-Appellee.

Before KELLY, ANDERSON, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

We consider the government's appeal from the dismissal of Adam Shavanaux's indictment under 18 U.S.C. § 117(a) for domestic assault by a habitual offender. Exercising jurisdiction under 18 U.S.C. § 3731 and 28 U.S.C. § 1291, we reverse and remand for proceedings consistent with this opinion.

I

Shavanaux is a member of the Ute Indian Tribe and resides on the Uintah and Ouray Reservations within Utah. In 2010,...

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