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U.S. v. SMITH

No. 17-30248.

925 F.3d 410 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Ellery SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2019.

Attorney(s) appearing for the Case

Conor Huseby (argued), Assistant Federal Public Defender, Office of the Federal Public Defender, Portland, Oregon, for Defendant-Appellant.

Paul T. Maloney (argued), Assistant United States Attorney; Kelly A. Zusman , Appellate Chief; Billy J. Williams United States Attorney; United States Attorney's Office, Portland, Oregon; for Plaintiff-Appellee.

Veronica C. Gonzales-Zamora , Brownstein Hyatt Farber Schreck LLP, Albuquerque, New Mexico; Barbara L. Creel , Southwest Indian Law Clinic, University of New Mexico School of Law, Albuquerque, New Mexico; for Amicus Curiae Southwest Indian Law Clinic.

Concurrence by Judge Fisher.

OPINION

Defendant-appellant Johnny Ellery Smith appeals from his district court conviction, by guilty plea, of two counts of fleeing or attempting to elude a police officer in violation of Oregon Revised Statutes (ORS) § 811.540(1), as assimilated by 18 U.S.C. §...

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