Legal Opinion

United States v. Clifford Bird, Sr., United States of America v. Wesley Lane Crawford

Court of Appeals for the Ninth Circuit

Decided September 8, 2003No. 02-30246, 02-30282PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ALARCÓN, Circuit Judge.

Clifford Bird Sr. and Wesley Lane Crawford (collectively “Appellants”) appeal from the district court’s orders denying their motions to dismiss the indictments against them. Appellants contend that the district court erred in ruling that the Government is not required to allege that the victim is an Indian as an element of a crime filed pursuant to 18 U.S.C. § 1153 (“ § 1153”). The Government requests that we dismiss this appeal because a final judgment has not been entered.

We conclude that we have jurisdiction under the collateral order doctrine to address the…

2Cases cited19 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Abney v. United StatesSupreme Court of the United States · 1977
  4. Russell v. United StatesSupreme Court of the United States · 1962
  5. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989

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3Cited by1 opinion

  1. United States v. David Gene LewisCourt of Appeals for the Ninth Circuit · 2004

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