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163397P.pdf   08/29/2017  United States  v.  Michael Lee Long, Jr.
   U.S. Court of Appeals Case No:  16-3397
   U.S. District Court for the District of South Dakota - Pierre   
[PUBLISHED] [Wollman, Author, with Colloton and Shepherd, Circuit Judges] Criminal case - Criminal law. Because lay counsel are permitted to practice before the tribal court, the district court did not err in concluding Long's representation by retained lay counsel in the tribal-court proceeding meant Long was represented by counsel within the meaning of 18 U.S.C. Sec. 921(a)(33)(B); his conviction there thus constituted a valid predicate offense under 18 U.S.C. Sec. 922(g)(9); Brady claim rejected. Judge Colloton, concurring in part and dissenting in part.