Federal Court Holds Prosecution under 18 U.S.C. § 117 for Indian Country D.V. Does Not Require Indian Victim or Perpetrator

Here are the materials in United States v. Unzueta (E.D. Mich.):

18 Magistrate Report

24 US Response

29 Defendant Response

30 DCT Order

Federal Court Dismisses Habitual D.V. Offender Indictment arising on Swinomish

Here are the materials in United States v. Casey (W.D. Wash.):

18 Motion to Dismiss

23 Response

24 Reply

44 DCT Order

Federal Court Refuses to Dismiss Federal Indictment of Habitual D.V. Offender [Underlying Nooksack D.V. Convictions]

Here are the materials in United States v. Cline (W.D. Wash.):

1 Complaint

40 Motion to Dismiss

46 Response

47 Reply

50 Surreply

51 Sur-sur-reply

55 DCT Order

Federal Court Declines to Suppress Statement Made by Habitual D.V. Defendant Represented by Tribal Lay Advocate

Here are the materials in United States v. Freemont (D. Neb.):

45 motion to suppress

46 response

58 magistrate report

59 objection

63 dct order

NCAI Amicus Brief in United States v. Bryant

Brief in Support of Petitioner here.

U.S. cert petition previously posted here.

United States v. Bryant Cert Petition — Federal Habitual Offender Statute and Uncounseled Tribal Court Convictions

Here is the petition:

Cert Petition

Question presented:

Section 117(a) of Title 18, United States Code, makes it a federal crime for any person to “commit[] a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country” if the person “has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for” enumerated domestic-violence offenses. 18 U.S.C. 117(a).

The question presented is whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove Section 117(a)’s predicate-offense element violates the Constitution.

Lower court materials here (en banc) and here (panel).

Sharply Divided Ninth Circuit Denies En Banc Review in United States v. Bryant

Here are the materials:

CA9 Order Denying En Banc Petition + Opinions

US En Banc Petition

NCAI Amicus Brief

Bryant Response

Panel materials and commentary are here.