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United States Ninth Circuit


US v. BIRD, 02-30246, 02-30282

Interlocutory appeal, seeking dismissal of Major Crimes Act indictments for failure to allege that the victim is an Indian, is dismissed for lack of jurisdiction. The appeal does not warrant treatment as an application for writ of mandamus.

Appellate Information

  • Argued 08/06/2003
  • Decided 03/03/2004
  • Published 03/03/2004

Judges

  • Before BROWNING, ALARCÓN, and CLIFTON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • David F. Ness and Michael Donahoe, Federal Defenders of Montana, Helena, MT, for the defendants-appellants., Klaus P. Richter, Office of the United States Attorney, Billings, MT;  Lori Harper Suek, Office of the United States Attorney, Great Falls, MT, for the plaintiff-appellee.
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