United States v. Gallaher

Opinion by

Judge FISHER;

Dissent by Judge TASHIMA.

ORDER

The opinion filed June 2, 2010, slip op. 7809, and appearing at 608 F.3d 1109 (9th Cir.2008), is amended as follows:

*936At slip op, 7820, line 4, the first full paragraph; 608 F.3d at 1114-15, the carryover paragraph, DELETE the following paragraph:

A requirement that tribes opt in to the death penalty—and the unavailability of the death penalty in this particular case—does not reflect a legislative assessment that murder in Indian country is a less serious offense than other murders in federal enclaves. See supra, Section II. Regardless of the…