DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083580P.pdf 07/28/2009 United States v. John Graham
U.S. Court of Appeals Case No: 08-3580
and No: 09-2009
U.S. District Court for the District of South Dakota
[PUBLISHED] [Benton, Author, with Riley and Shepherd, Circuit Judges]
Criminal case - criminal law. District court did not err in dismissing
indictment on the ground it failed to allege Indian status under 18 U.S.C.
Sec. 1153 as Indian status is an essential element of the offense; defect
could not be cured by an application of aider-and-abettor liability.