United States Ninth Circuit

Defendant's conviction for assault on an Indian child is reversed where the government should have charged her under a statute that covers offenses committed by an Indian, since defendant can establish her Indian status.

Appellate Information

• Argued 03/04/2004
• Decided 01/13/2005
• Published 01/13/2005

Judges

• BYBEE, Circuit Judge., Before:  O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John Rhodes and Anthony R. Gallagher, Federal Public Defender's Office, Missoula, MT, Michael Donahoe, Federal Defenders of Montana, Helena, MT, for the defendant-appellant., Marcia Hurd, William W. Mercer and Klaus P. Richter, United States Attorney's Office, Billings, MT, for the plaintiff-appellee.