Here are the materials in Granbois v. Fort Peck Tribal Jail (D. Mont.):
Criminal
Second Circuit Rejects Jay Treaty Statute Defense to Criminal Prosecution
Here are the materials in United States v. Malachowski:
An excerpt:
Malachowski invokes 8 U.S.C. § 1359, which allows American Indians born in Canada to freely cross the borders of the United States, and contends that he was wrongfully convicted of counts three, four, five, and six. The statute extends only “to persons who possess at least 50 per centum of blood of the American Indian race,” and we previously expressed skepticism that Malachowksi satisfied his burden of proof on this point. See Malachowski, 415 F. App’x at 313 (noting the “dearth of evidence respecting [Malachowski’s] ancestry”). Neither the immigration officer assigned to Malachowksi’s case nor the ATF agent investigating Malachowksi unearthed evidence of his American Indian heritage. G.A. 58, 146-47. And when Malachowski was arrested by a border patrol agent and asked “Do you claim any legal status in the United States?” Malachowski answered “No.” G.A. 54. During this encounter, Malachowski also did not “claim any other citizenship or nationality.” Id. Malachowksi has accordingly fallen short of prevailing on this claim.
Federal Court Declines to Dismiss Cockfighting Prosecution against Yakama Indian
Here are the materials in United States v. Olney (E.D. Wash.):
Ninth Circuit Affirms Two Convictions in Tribal Embezzlement/Theft Schemes
Here are the materials in United States v. Aubrey:
An excerpt:
For purposes of 18 U.S.C. § 1163, funds paid from an Indian tribal organization to a contractor continue to be “property belonging to any Indian tribal organization,” as long as the tribal organization maintains sufficient supervision and control of disbursed funds and their ultimate use. Accordingly, we reject William Aubrey’s contention that the evidence presented at his trial was insufficient to prove that he converted or misused property belonging to an Indian tribal organization in violation of 18 U.S.C. § 1163. We also deny Aubrey’s other challenges to his conviction and sentencing.
Here are the materials in United States v. Augare:
From the court’s syllabus:
The panel affirmed a sentence in a case in which the district court applied a “sophisticated means” enhancement under U.S.S.G. § 2B1.1(b)(10)(C) following the defendant’s guilty plea to conspiracy to defraud the United States, False Claims Act conspiracy, theft from an Indian tribe receiving federal funding, and federal income tax evasion.
The panel held that the district court did not abuse its discretion when it applied the “sophisticated means” enhancement to the defendant’s offense conduct. The panel explained that the coordinated and repetitive steps that the defendant took to transfer money from the Po’Ka project to his personal bank account are comparable in complexity and sophistication to the schemes held to warrant the enhancement in both this court’s precedent and persuasive authority from other circuits.
NPR: “Tribal Justice: Prosecuting non-Natives for sexual assault on reservations”
Here.
NPR on Pilot Program for Tribes to Access National Crime Databases
Here.
Under the Justice Department pilot program, 10 tribal communities will get their own hardware and training, so they don’t need to rely on local authorities.
John Dossett, general counsel of the National Congress of American Indians, said that matters.
“The states have been, you know, some of them are good to work with, some of them don’t work with tribes,” he said, “so it’s been an issue that’s been going on for a long time.”
Dossett pointed out that tribes have been pressing the federal government to open up the criminal databases for 10 years. And Congress has made it a priority, too.
He added that tribes are watching now to make sure the Justice Department program will be a continuing effort, one that will expand all over the country.
“We’re in a trust-but-verify situation,” Dossett said.
NAPGRA Criminal Prosecution — Acquiring Indian Remains
Here are the materials in United States v. Beatty (S.D. Ohio):
Split Eighth Circuit Affirms Drug Conviction of Lower Brule Sioux Tribe Member
Here is the opinion in United States v. Long.
Tenth Circuit Affirms Conviction of Former Paiute Tribal Employee for Mail Fraud
Here is the opinion in United States v. Zander.
An excerpt:
Defendant Jeffrey Zander was convicted of two counts of mail fraud, two counts of wire fraud, one count of money laundering, and three counts of willful failure to file federal tax returns. He was sentenced to sixty-eight months of imprisonment and ordered to pay $202,543.92 in restitution to the Paiute Indian Tribe of Utah, the main victim of his fraud. On appeal, he challenges his convictions on the mail fraud, wire fraud, and money laundering counts. He also challenges the length of his sentence and the amount of restitution awarded to the Tribe.
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