MEMORANDUM OPINION
BRATTON, District Judge.
Defendant, a Zuni Indian indicted under 18 U.S.C. § 1153 for assault with a dangerous weapon, moves to dismiss the indictment on the ground that section 1153 discriminates against him on the basis of race in violation of the Due Process Clause of the Fifth Amendment to the United States Constitution.
Section 1153, sometimes called the "Major Crimes Act," provides in pertinent part:
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