By The Associated Press

SIOUX FALLS, S.D. - A federal appeals in South Dakota court says it won't review failed appeals by government prosecutors who want to try a Canadian man for a 1975 slaying on the Pine Ridge Indian Reservation.

John Graham of Yukon territory is one of two men charged in federal court in the killing of Annie Mae Aquash.

Prosecutors say American Indian Movement leaders suspected that Aquash was a government informant and ordered her to be killed.

A three-judge panel of the 8th U.S. Circuit Court of Appeals earlier upheld a lower court ruling that the government lacked jurisdiction on one of three counts against Graham, because neither he nor Aquash are American Indians.

The 8th Circuit ruled Wednesday it would not grant a rehearing before the full appeals court.

Graham and Richard Marshall of Rapid City are charged in federal court with murder and aiding and abetting in the death of Aquash. Graham and Thelma Rios of Rapid City also face state charges of taking part in the kidnapping and killing of Aquash.