Tag Archives: Assimilative Crimes Act

Ninth Circuit Confirms Assimilative Crimes Act Applies in Indian Country

Here is the opinion in United States v. Smith. Briefs: opening-brief.pdf amicus-brief.pdf us-answer-brief.pdf reply-3.pdf

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Tenth Circuit Orders Resentencing in Indian Country Child Abuse Matter

Here is the opinion in United States v. Jones.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , ,

Ninth Circuit Briefs in Challenge to Assimilative Crimes Act Jurisdiction

Here are the briefs in United States v. Smith: Opening Brief SW Indian Law Clinic Amicus Brief US Answer Brief Reply Brief

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Yet Another Cert Petition: Indian Country Crime, Lesser-Included Offense Instruction

Here is the petition in Decker v. United States: Decker Cert Petition Question presented: In a prosecution under 18 U.S.C. §2241, for “aggravated sexual abuse by an Indian in Indian territory,” occurring in Battle Mountain, Nevada, where a victim testifies … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Supreme Court, Uncategorized | Tagged , ,

Federal Court Dismisses Federal Assault Indictment — Denies Effort to Assimilate State Law

Here is the opinion in United States v. Kydney (D. Neb.): DCT Order Dismissing Count I of Indictment An excerpt: Even if the threatened crime of violence were simple assault under federal law, the same analysis would hold true. The … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , ,

Tenth Circuit Affirms Sentence in Ute Mountain Assault; Tennis Shoes as Weapon

Here is today’s opinion in United States v. Hatch.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , ,

Tenth Circuit Affirms Dismissal of Suit against Kiowa Court of Indian Offenses

The plaintiff wanted the CIO to enjoin his state court prosecution for violation of anti-cockfighting statutes. Here are the materials in Turner v. McGee: Turner Opening Brief CIO Motion to Dismiss Turner Reply And the briefs after the CA10 appointed … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , , , , , ,

Tenth Circuit: Fed. Courts Have No Jurisdiction over Non-Indian, Victimless Crime in Indian Country

Here is the opinion in United States v. Langford. All this despite language in the Oklahoma Constitution appearing to disclaim state jurisdiction over crimes like these: Although the McBratney line of cases establishes that the states, not the federal government, possess … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , , , | 1 Comment

Federal Court Decision re: Interaction of Indian Country Crimes and State Law

Here are the materials in United States v. Lesmeister (D. S.D.): Lesmeister Brief US Appellee Brief Lesmeister Reply DCT Order Affirming Lesmeister Conviction

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , | 1 Comment

Federal Court Upholds Indian Country Crimes Act Conviction but Holds State Law Punishments Control

Here is the opinion in United States v. Langford (us-v-langford-dct-opinion), and its companion case, United States v. McHone (us-v-mchone-dct-opinion), out of the Western District of Oklahoma. The claimant, a non-Indian prosecuted under the Indian Country Crimes Act and the Assimilative … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , , , | 1 Comment