United States v. Walter Ivan Cooper, United States of America v. Raymond Keith Cooper

SETH, Circuit Judge.

The two defendants-appellants are brothers and were indicted together in a single count indictment under 18 U.S.C. § 113(a). The charge in the statutory language was that the defendants, members of the Comanche Tribe on an Indian allotment, “did assault ... Jaime Fernandez with intent to commit murder ... in violation of Title 18, United States Code, Sections 113(a)____” The defendants were convicted under 18 U.S.C. § 113(f) as a lesser included offense.

The issues on appeal raise questions as to what are lesser included offenses in 18 U.S.C. § 113(a), especially § 113(f),…