United States v. Alfred Elwood Walking Eagle, Jr.

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfred ELWOOD Walking Eagle, Jr., Defendant-Appellant. No. 94-30169. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1995. Decided March 27, 1995. Before: PREGERSON, KOZINSKI, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Alfred Elwood Walking Eagle, Jr. ("Walking Eagle") was convicted of first degree murder in violation of 18 U.S.C. Secs. 1111 , 1153. Walking Eagle was sentenced to serve a life term under 18 U.S.C. Sec. 1111 (b). He appeals both his conviction and his sentence. We have jurisdiction over this appeal under 28 U.S.C. Sec. 1291 . We affirm. I. BACKGROUND 3 Walking Eagle was arrested on April 3, 1993, on the tribal charge of theft and booked into the Bureau of Indian Affairs ("BIA") Jail in Poplar, Montana. After his arrest, the FBI was notified of a dead body found north of Poplar. BIA Officer Four Bear told the FBI that…