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053194P.pdf   04/28/2006  United States  v.  Leonard Peltier
   U.S. Court of Appeals Case No:  05-3194
   District of North Dakota   
   [PUBLISHED] [Arnold, Author, with Wollman and Fagg, Circuit Judges]
   Criminal Case - Rule 35(a). District court's denial of former Rule 35(a)
   motion on claim court lacked jurisdiction to convict was not an abuse of
   discretion, as challenges to subject matter jurisdiction over underlying
   conviction is not proper under Rule 35(a). In any event, the claim fails,
   as section 1114 applies to crimes committed in Indian Country and is a
   constitutional exercise of Congress's power.