Criminal

Here are the materials in United States v. Watson:

Lower courts materials here.

BLT: Jack Abramoff Associate Sentenced to 20 Months

February 11, 2011Matthew L.M. Fletcher

Here is that article.

An excerpt:

A Justice prosecutor, Nathaniel Edmonds, said Scanlon was the first defendant to plead guilty and assist the government. Edmonds said the help Scanlon provided, starting with his guilty plea in 2005, was “critical” in unraveling the scheme. More background on the case here from the Justice Department. Clickhere , here and here for earlier coverage of Abramoff and Scanlon.

Fay v. Chester: Tenth Circuit Rejects Pro Se Challenge to Constitutionality of Major Crimes Act

February 10, 2011Matthew L.M. Fletcher

Here is that unpublished opinion.

An excerpt:

Mr. Fay asserts that he “is a[n] enrolled member of the Sioux Tribe . . .and has maintained his Traditional standing in the Tribe with TraditionalMembers.” Aplt. Opening Br. at 5a. Construing his appellate brief liberally, Mr.Fay raises three grounds in support of his argument that the United States—morespecifically, the Commission—lacked jurisdiction over him because he is anAmerican Indian and the Sioux Nation is a sovereign: (1) the Major Crimes Act isunconstitutional; (2) the Sioux Nation did not relinquish its sovereignty under the Fort Laramie Treaty of 1851; and (3) the Fourteenth Amendment recognizesAmerican Indian tribes as sovereigns.

Federal Court Dismisses Stalker’s Habeas Petition against Chehalis; Notes that Petition Could Have Merit, However

February 10, 2011Matthew L.M. Fletcher

Here are the materials in Youckton v. Stinson (W.D. Wash.):

Youckton Habeas Petition

Chehalis Motion to Dismiss

DCT Order Dismissing Stouckton Petition

An excerpt:

Youckton makes the following argument to support his double jeopardy claim: (1) Youckton committed domestic violence under Chehalis Tribal Code (“CTC”) § 15.03.02; (2) domestic violence is defined under CTC §15.03.01, which sets out five possible ways to commit domestic violence; (3) the only way Youckton’s case fits into the domestic violence definition is under the fifth way, stalking; (4) stalking is defined by CTC § 15.04.01, which envisions “repeated” contact; (5) Youckton’s multiple texts/phone calls should be considered “repeated” contact for purposes of sentencing, which would require sentencing him for this conduct as one unit of offense; therefore (6) sentencing him for 205 separate violations rather than as one unit of crime may constitute double jeopardy.

Tenth Circuit Rejects Section 1983 Claim by Pro Se Prisoner against Prairie Band Tribal Police

February 9, 2011Matthew L.M. Fletcher

Here is the unpublished opinion in Johnson v. Pottawatomie Tribal Police Dept. See footnote 1 for an explanation of the caption.

Lower court opinion here.

Former Chukchansi (and GTB) Gaming Manager Indictment Survives Motion to Dismiss

February 9, 2011Matthew L.M. Fletcher2 Comments

Here is the order in United States v. Jeff Livingston (E.D. Cal.): DCT Order Denying Livingston Motion to Dismiss.

Here is the indictment.

Arvo Mikkanen on “The Federal Prosecution of Juveniles” in Indian Country

February 8, 2011February 8, 2011Matthew L.M. Fletcher2 Comments

Last summer, federal judicial nominee Arvo Mikkanen published “The Federal Prosecution of Juveniles” in a special issue of the United States Attorneys’ Bulletin on “Indian Tribal Matters.”

Here is that article: 2010 July – Federal Prosecution of Juveniles – Indian Tribal Matters.