United States Tenth Circuit

Under 18 USC 81 and 1152, arson of an Indian's dwelling by a non-Indian, stipulation that victim was a member of an Indian tribe does not make the victim an "Indian" under the statutes because it also requires proof that the victim had Indian blood.

Appellate Information

• Decided 12/06/2001
• Published 12/06/2001

Judges

• HENRY, Circuit Judge., Before HENRY, BALDOCK, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Norman C. Bay, United States Attorney (Richard A. Friedman, Appellate Section, Criminal Division, Jason Bowles and Fred J. Federici, Assistant United States Attorneys, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellee., Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.