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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MARVIN CHARLES GABRION, II, Defendant-Appellant. |
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Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 99-00076—Robert Holmes Bell, Chief District Judge.
Argued: February 28, 2007
Decided and Filed: March 14, 2008
Before: MERRITT, BATCHELDER, and MOORE, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. In this appeal from a federal criminal conviction, we are confronted with the precursory issue of whether a district court has subject matter jurisdiction over a criminal prosecution for murder — the federal statute for which predicates subject matter jurisdiction on the murder’s having been committed on certain federal property — when the property in question is within the national forest. The dispositive question is whether certain national forest land falls within the federal government’s territorial jurisdiction. Because, in this case, it does, the district court had subject matter jurisdiction over this criminal prosecution.