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9th Circuit vacates convictions over heritage

By The Associated Press

Story Created: Mar 16, 2010 at 8:36 PM MST

Story Updated: Mar 16, 2010 at 8:36 PM MST

HELENA - A federal appeals court has thrown out the convictions of two Montana men whose Indian heritage had affected how they were charged.

The 9th U.S. Circuit Court of Appeals ruled the men's bloodlines and tribal involvement did not merit prosecution under the federal Major Crimes Act. The act establishes federal jurisdiction over serious crimes committed in Indian country by Indians.

Gordon Mann was convicted of aggravated sexual abuse of a minor at his house on the Blackfeet Indian Reservation and sentenced to more than 23 years in prison. However, the appeals court vacated his conviction Tuesday because Mann is a member of the Little Shell Tribe of the Chippewa Cree, which is not recognized by the federal government.

Shane Maggi was convicted of pistol-whipping of a couple in their house on the Blackfeet reservation in 2007 and sentenced to 42 years in prison. The 9th Circuit found that Maggi has very little Indian blood, is not an enrolled tribal member and does not receive any tribal benefits.

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