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UNITED STATES v. BUDDER

No. 22-7027.

76 F.4th 1007 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Jeriah Scott BUDDER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED August 7, 2023.

Attorney(s) appearing for the Case

James Castle , Castle & Castle, P.C., Denver, Colorado ( André Bélanger , Manasseh, Gill, Knipe & Belanger, P.L.C., Baton Rouge, Louisiana, with him on the briefs), for Defendant-Appellant.

Linda A. Epperley , Assistant United States Attorney ( Christopher J. Wilson , United States Attorney, with her on the brief), Office of the United States Attorney, Muskogee, Oklahoma, for Plaintiff-Appellee.

Before HARTZ, McHUGH, and CARSON, Circuit Judges.

Just months after Defendant Jeriah Budder, an enrolled member of the Cherokee Nation, killed David Jumper, the Supreme Court made clear in McGirt v. Oklahoma, ___ U.S. ___, 140 S.Ct. 2452, 207 L.Ed.2d 985 (2020), that the land where the shooting occurred was on an Indian reservation. Under the Major Crimes Act, 18 U...

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