United States Tenth Circuit

Defendant's conviction for operating an illegal gambling business, stemming from his involvement in the operation of a cockfighting facility within Indian Country land, is affirmed where: 1) an issue of whether defendant could raise a jurisdictional challenge to a dismissed indictment was moot; and 2) a claim, that the district court lacked jurisdiction over the crime to which defendant pleaded guilty, was meritless.

Appellate Information

• Decided 01/10/2008
• Published 01/11/2008

Judges

• LUCERO, Circuit Judge., Before TACHA, McKAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• Linda A. Epperley, Office of the United States Attorney, Muskogee, OK, for the Plaintiff-Appellee., Robert W. Buchholz, Robert W. Buchholz, LLC, Addison, TX, for the Defendant-Appellant.