United States v. Buck Kitcheyan

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Buck KITCHEYAN, Defendant-Appellant. No. 94-10576. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1995. Decided Sept. 8, 1995. 1 Before: HALL, WIGGINS, LEAVY, Circuit Judges 2 MEMORANDUM * OVERVIEW 3 Buck Kitcheyan was Chairman of the San Carlos Apache Indian tribe from 1974 to 1978 and again from 1986 to 1991, when he was fired by the tribal council. Shortly thereafter, the San Carlos Apache Tribal Court convicted Kitcheyan of seven counts of theft and seven counts of embezzlement from a tribal organization. He was sentenced to six months in tribal jail for each theft count and two months for each embezzlement count. The sentences were suspended on the condition that Kitcheyan serve equal time on probation, and restitution was ordered. 4 Based upon those same crimes, a federal grand jury charged Kitcheyan with one count of conspiracy,…