Criminal

U.S. v. Benally — CA10 Reinstates Conviction after Juror Alleged Racial Bias against Indian

Matthew L.M. Fletcher

In United States v. Benally, the Tenth Circuit reinstated a federal criminal conviction for assaulting a BIA officer against a Ute Mountain Ute tribal member. An excerpt:

On October 10, 2007, a jury convicted Kerry Dean Benally of forcibly assaulting a Bureau of Indian Affairs officer with a dangerous weapon, inviolation of 18 U.S.C. § 111(b). The next day one of the jurors came forward with a charge that the jury deliberations had been tainted by racial bias and other inappropriate considerations. The district court held that Federal Rule of Evidence 606(b)’s general rule against jurors testifying about jury deliberations did not apply and that the evidence of juror misconduct was sufficient to warrant a new trial. We disagree. Rule 606(b)’s prohibition covers juror testimony of racial bias in jury deliberations of the kind alleged in Mr. Benally’s trial, and the Sixth Amendment does not require an exception. The original conviction is reinstated.

Bill Moyers on Indian Country Criminal Justice

Matthew L.M. Fletcher

Bill Moyers Journal (thanks to Mike):
Friday, November 14, 2008 at 9PM on PBS (check local listings <http://www.pbs.org/moyers/journal/about/airdates.html> )

Bill Moyers Journal and Exposé: America’s Investigative Reports follow a team from the Denver Post reporting on how antiquated laws have affected Native American reservations.  The piece examines how felonies committed on ‘Indian country,’ which fall under federal – not tribal or local – jurisdiction, are often left uninvestigated and un-prosecuted, leaving murderers, rapists, child molesters, and burglars at large in some of the nation’s poorest and highest-crime areas.

US v. Wells — Motion to Suppress Statements Made to Tribal Police and FBI

Matthew L.M. Fletcher

In this case, the District of South Dakota denied a motion to suppress statements made at the Oglala Sioux Tribal Police Department to tribal police and FBI agents.

us-v-wells-dct-order

us-v-wells-magistrate-report

US v. Nystrom — Bribery of Crow Creek Sioux Tribe Official

Matthew L.M. Fletcher2 Comments

In this case, the District of South Dakota accepted a magistrate report and recommendation not to dismiss federal charges of bribing a tribal school official.

us-v-nystrom-dct-order

us-v-nystrom-magistrate-report

US v. Necklace — 20 Month Criminal Sentence against Indian Reversed

Matthew L.M. Fletcher1 Comment

Interesting case out of the Ninth Circuit. Here’s a taste:

Necklace contends that the district court abused its discretion in imposing a 20-month sentence when the sentencing range suggested by U.S.S.G. § 7B1.4(a), p.s., was 4 to 10 months imprisonment. He argues that his violation of a supervised release condition requiring him to reside in a prerelease center was due to his inability to keep a job and to meet other of life’s responsibilities, and that this inability is due to his personal history in Native American society. See United States v. Bad Marriage, 392 F.3d 1103, 1115 (9th Cir. 2004) (stating that federal courts must be “keenly aware of the underlying social problems facing . . . Native American offenders . . . and of the need of many of these defendants for rehabilitation”). Necklace argues that a 20-month term of imprisonment will not rehabilitate him, nor will it protect the public or afford adequate deterrence.

The district court abused its discretion in concluding that, given Necklace’s history and characteristics, supervised release could not help him, and a 20-month sentence was reasonable. See Simtob, 485 F.3d at 1061-62. We reverse the district court’s judgment and remand for further proceedings. On remand, the case shall be reassigned to a different district judge. See United States v. Hai Waknine, 543 F.3d 546, 2008 WL 4149666 at *11 (9th Cir. Sept. 10, 2008).

Ted Stevens Convicted

Matthew L.M. Fletcher

One of the biggest Indian fighters of recent times has fallen.

Here are the government’s trial exhibits and other materials.

Tribal Judicial Immunity in Federal Criminal Cases

Matthew L.M. Fletcher

In U.S. v. Wahtony, the District of Idaho held that a federal criminal defendant’s subpoena of a tribal judge’s background must be quashed on sovereign immunity grounds.

shoshone-bannock-motion-to-quash

wahtomy-response-brief

shoshone-bannock-reply-brief

us-v-wahtomy-dct-order

US v. Fiander — CA9 Reverses Dismissal of RICO Claims against Yakama Member

Matthew L.M. Fletcher1 Comment

The Ninth Circuit held in U.S. v. Fiander that a Yakama tribal member who cannot be convicted of violating the Contraband Cigarette Trafficking Act because of the “right to travel” provision of the Yakama treaty can still be prosecuted for conspiracy under RICO.

us-v-fiander-ca9-opinion

us-opening-brief-fiander

[Fiander response brief unavailable]

us-reply-brief-fiander

US v. Mahoney — CA9 Affirms Cigarette Trafficking Conviction

Matthew L.M. Fletcher

This case involves a Coeur d’Alene Tribe member who violated the federal Contraband Cigarette Trafficking Act.

mahoney-appellant-brief

us-appellee-brief

mahoney-reply-brief

us-v-mahoney-ca9-opinion

US v. Boise — Challenge to Confession Obtained by Tribal Police

Matthew L.M. Fletcher

Here’s an Indian Civil Rights Act-related case out of the District of Oregon involving a motion to suppress a statement obtained by tribal police to be used as evidence in federal court. The motion was denied.

boise-motion-to-suppress

us-response-to-boise-motion

boise-reply-brief

us-v-boise-dct-order-denying-motion-to-suppress