Tenth Circuit Refuses to Vacate Conviction under Indian Status Theory

Here is the opinion in Nowlin v. United States.

An excerpt:

Our case law employs a two-part test to determine who is an “Indian” under § 1153: a person must (1) have “some Indian blood” and (2) be “recognized as an Indian by a tribe or by the federal government.” United States v. Prentiss, 273 F.3d 1277, 1280 (10th Cir. 2001). Mr. Nowlin argues that the first half of this test was not met. But his plea colloquy established that his mother is an enrolled member of the Shoshone tribe. And, as a previous panel recognized in an unrelated case involving Mr. Nowlin, the fact that one of his parents was “clearly identified as an Indian” is enough to satisfy this part of the test. United States v. Nowlin, 555 F. App’x 820, 823 (10th Cir. 2014) (quoting United States v. Maggi, 598 F.3d 1073, 1077 (9th Cir. 2010)) (internal quotation mark omitted).

Briefs later, when we get them.

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