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CATCHES v. UNITED STATES

No. 78-1174.

582 F.2d 453 (1978)

Dale Francis CATCHES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1978.

Attorney(s) appearing for the Case

Marvin D. Truhe (on brief), Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, S. D., argued, for appellant.

Jeffrey L. Viken, Asst. U. S. Atty., Sioux Falls, S. D. (argued), David V. Vrooman, U. S. Atty., and Ted L. McBride, Legal Intern, Sioux Falls, S. D., on brief, for appellee.

Before BRIGHT, Circuit Judge, INGRAHAM, Senior Circuit Judge, and STEPHENSON, Circuit Judge.

INGRAHAM, Circuit Judge.

This case for post-conviction relief under 28 U.S.C. § 2255 (1970) arose out of the shooting death of an American Indian by an American Indian on the Pine Ridge Indian Reservation near Wanblee, South Dakota. Appellant Dale Francis Catches was convicted by a jury of second degree murder, 18 U.S.C. § 1111 (1970), for the killing of Byron DeSersa, in accordance with the Indian Crimes Act of 1976, 18 U.S.C. § 1153 (1976).

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