Eighth Circuit Affirms Kickbacks Conviction of Duane Big Eagle, former Crow Creek Sioux Chair

Here are the materials in United States v. Big Eagle:

113754P — CA8 opinion

Big Eagle Brief

US Brief

Big Eagle Reply

Ninth Circuit Affirms Holding that Major Crimes Act Juvenile Defendants May Be Tried as an Adult

Here is today’s opinion in United States v. Juvenile Male.

From the court’s summary:

The panel affirmed the district court’s order granting the government’s motion to transfer juvenile proceedings for adult prosecution under 18 U.S.C. § 5032 in a case in which the defendant is charged with second-degree murder and using a firearm during a crime of violence. Agreeing with sister circuits that a psychological evaluation is not a prerequisite to approving a transfer motion, the panel held that the district court did not abuse its discretion in making a finding about the defendant’s intellectual development by relying solely on lay-witness testimony. The panel also held that although the district court did not explicitly address the staff-to-offender ratio or specific counseling programs, the district court did not abuse its discretion in making findings about the treatment programs available at adult and juvenile facilities where the defendant might serve any sentence imposed. The panel wrote that the district court consistently presumed for purposes of the transfer decision that the defendant would be convicted of one or both charges, and that the presumption of guilt for this purpose does not violate the defendant’s due-process rights.

Michael and Steven Thomas Indictments

Here:

Michael Thomas Indictment

Steven Thomas Indictment

News coverage here.

Our prior post here.

Ninth Circuit Briefs in Challenge to Use of Uncounseled Tribal Court Convictions in Federal Habitual Offender Statute

Here are the materials in United States v. Bryant:

Bryant Opening Brief

US Appellee Brief [Bryant]

Bryant Reply

The CA8 and CA10 have rejected similar challenges, here.

Indictment in Illegal Gambling Activity on St. Regis Mohawk Reservation

Here is the indictment in United States v. Gray (N.D. N.Y.):

US v Gray et al Indictment

Press release here.

Pechanga coverage here.

Federal Indictment for Failure to Comply with Tribal Court Child Support Order Dismissed

Strange case, turning on a lack of personal jurisdiction in the Oglala Sioux Tribal Court.

Here are the materials in United States v. Lopez (D. S.D.):

DCT Order Dismissing Indictment

Lopez Motion to Dismiss

US Opposition Brief

Lopez Reply M

J R&R Recommending Denial of Motion to Dismiss

Lopez Objection to MJ R&R

Federal Court Declines to Order Convicted Indian Drug Dealer to Repay Feds’ “Buy Money”

Here is the order in United States v. Lester (D. N.D.):

DCT Order Denying Restitution in Sentence

An excerpt:

Finally, the court could always impose a fine in the amount of the “buy money.” In fact, 21 U.S.C. § 844(a) has its own special provisions for fines, which, among other things, provide that, upon conviction “a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense …, except that this sentence shall not apply and a fine under this section need not be imposed if the court determines under the provision of Title 18 that the defendant lacks the ability to pay.”

Federal Court Denies Motions to Dismiss Indictment for Drug Smuggling in Akwesasne

Here is the order in United States v. Cournoyer (E.D. N.Y.):

DCT Order Denying Cournoyer Motions to Dismiss

MSU Law Prof Study Helps N.C. Inmates (inc. a Lumbee Indian) Get Off Death Row

Here.

Excerpts:

After the act was passed, researchers from Michigan State University studied the application of the death penalty in North Carolina and found that peremptory challenges had been used to remove blacks from juries at a rate more than twice that of whites, a rate that was even higher in Cumberland County. Removing potential jurors solely on the basis of race has been ruled unconstitutional.

***

Mr. Golphin and Mr. Augustine are black, and Ms. Walters is a Lumbee Indian. They were convicted of unrelated murders and have been on death row at least 10 years. Their victims included whites and blacks; in Mr. Golphin’s and Mr. Augustine’s cases, the victims were law enforcement officers.

A summary of the study is here.

A paper by the study’s authors, Catherine Grosso and Barbara O’Brien, in the Iowa Law Review about the study is here.

Magistrate Report and Recommendations Order in Native Mob Indictments — Motions to Suppress

Here is the order in United States v. McArthur et al. (D. Minn.):

US v. McArthur MJ Report