United States v. Duane Lopez

5 F.3d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Duane LOPEZ, Defendant-Appellant. No. 93-10037. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 23, 1993. Appeal from the United States District Court for the District of Nevada, No. CR-92-00079-HDM; Howard D. McKibben, District Judge, Presiding. D.Nev. AFFIRMED. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Duane Lopez appeals his conviction for assault resulting in serious bodily injury, in violation of 18 U.S.C. 113(f) and 1153(a). He argues that the evidence at trial was insufficient to establish that he committed the offense charged "within the Indian country." 18 U.S.C. 1153(a). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 The government argues that because Lopez failed to move for a judgment of acquittal at trial pursuant to Fed.R.Crim.P. 29(a), we may review his…