United States v. Gentry Labuff

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 10-30274 Plaintiff-Appellee, D.C. No. v.  4:10-cr-00023-

GENTRY CARL LABUFF, SEH-

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding

Submitted June 8, 2011* Portland, Oregon

Filed July 1, 2011

Before: Raymond C. Fisher, Ronald M. Gould, and Richard A. Paez, Circuit Judges.

Opinion by Judge Paez

*The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

18921 UNITED STATES v. LABUFF 18923

COUNSEL

Daniel Donovan, Attorney at Law, Great Falls, Montana, for the appellant.

Michael W. Cotter, U.S. Attorney, and E. Vincent Carroll, Assistant U.S. Attorney, Great Falls, Montana, for the appel- lee. 18924 UNITED STATES v. LABUFF

OPINION

PAEZ, Circuit Judge:

The Major Crimes Act, 18 U.S.C. § 1153, provides federal criminal jurisdiction for certain crimes committed by Indians in Indian…