United States v. Leonard Roland Dupree

Defendant Leonard Dupree, an Indian person, was charged under 18 U.S.C. § 1153 with assault with a dangerous weapon in violation of 18 U.S.C. § 113(c). The alleged assault was committed upon another Indian and within the Indian country. The indictment was dismissed by the district court on the ground that 18 U.S.C. § 113(c) was unconstitutionally vague. We reverse.

Title 18, section 1153 of the United States Code confers federal jurisdiction over the offense of assault with a dangerous weapon when committed by an Indian within the Indian country. Additionally, section 1153, as amended in 1966…