U.S. v. BURDEAU

No. 97-30388.

168 F.3d 352 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert Louis BURDEAU, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 9, 1999.


Attorney(s) appearing for the Case

Daniel Donovan, Assistant Federal Defender, Great Falls, Montana, for the defendant-appellant.

Lori A. Harper, Assistant United States Attorney, Great Falls, Montana, for the plaintiff-appellee.

Before: BOOCHEVER, REINHARDT, and GRABER, Circuit Judges.


Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge GRABER.

REINHARDT, Circuit Judge:

Herbert Louis Burdeau, a Native American, was visibly intoxicated when he committed an armed robbery of a store located within the Blackfeet Indian Reservation and was apprehended for his crime. Probably realizing that the evidence would clearly establish that he had committed the act, Burdeau entered a conditional plea agreement that limited his...

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