United States v. Darelle Dean Butler

LAY, Circuit Judge.

Darelle Dean Butler, an Indian, challenges his conviction for the possession of a firearm by a felon under state law, SDCL § 23-7-3, pursuant to the Assimilated Crimes Act, 18 U.S.C. § 13.

On September 5, 1975 Butler was observed by FBI agents on the Rosebud Sioux Reservation in South Dakota. He was known as an individual with prior felony convictions and was observed at the time to be wearing a .45 caliber revolver in a hip holster. On this basis he was arrested and charged with unlawful possession of the weapon.

Butler was originally indicted under a federal statute of…