United States Ninth Circuit

Conviction for murder under 18 U.S.C. section 1111 is affirmed while conviction for felony-murder is vacated where: 1) defendant, a non-Indian, was properly charged under the Indian General Crimes Act, 18 U.S.C. section 1152 because the victim was an Indian and the crime occurred on the Tohono O'odham Indian reservation; but 2) the district court erred by defining the term burglary in section 1111 by referring to Arizona’s third-degree burglary statute, and such error was not harmless.

Appellate Information

• Published 2016/03/09

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel