U.S. v. DIAZ

No. 10-2252.

679 F.3d 1183 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Linda DIAZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 8, 2012.


Attorney(s) appearing for the Case

Samuel L. Winder , Albuquerque, NM, for Appellant.

Jack E. Burkhead , Assistant United States Attorney ( Kenneth J. Gonzales , United States Attorney, and Jennifer M. Rozzoni , Assistant United States Attorney, with him on the brief) Office the United States Attorney, Albuquerque, NM, for Appellee.

Before BRISCOE, Chief Judge, TYMKOVICH, Circuit Judges, and FREUDENTHAL, Chief District Judge.


TYMKOVICH, Circuit Judge.

Linda Diaz was convicted of knowingly leaving the scene of a car accident where she hit and killed a pedestrian. The accident occurred on the Pojoaque Pueblo Indian reservation. She was charged with committing a crime in Indian Country under 18 U.S.C. § 1152. On appeal, among other issues, Diaz contends the federal court lacked jurisdiction over the crime because the government failed to prove

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