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UNITED STATES v. ANTELOPE

No. 75-661.

430 U.S. 641 (1977)

97 S.Ct. 1395

51 L.Ed.2d 701

UNITED STATES v. ANTELOPE ET AL.

Supreme Court of United States.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Deputy Solicitor General Frey argued the cause for the United States. With him on the briefs were Solicitor General Bork, Assistant Attorney General Thornburgh, Harry R. Sachse, and Jerome M. Feit.

Allen V. Bowles, by appointment of the Court, 429 U.S. 892, argued the cause and filed a brief for respondent Antelope. John W. Walker, by appointment of the Court, ibid., argued the cause and filed a brief for respondents Davison et al.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question presented by our grant of certiorari is whether, under the circumstances of this case, federal criminal statutes violate the Due Process Clause of the Fifth Amendment by subjecting individuals to federal prosecution by virtue of their status as Indians.

(1)

On the night of February 18, 1974, respondents, enrolled Coeur d'Alene Indians, broke into the home of Emma Johnson, an...

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