Federal Court Declines to Dismiss Indictment in Victimless Crime in Indian Country

Here are the materials in United States v. Augare (D. Mont.):

12 Augare Motion to Dismiss

13 US Response

17 Augare Reply

21 MJ Order Denying Motion to Dismiss

News coverage here. An excerpt:

The U.S. government can prosecute misdemeanor driving offenses on Indian reservations, a federal magistrate judge ruled Tuesday in rejecting a request to dismiss charges against a Blackfeet tribal leader and Montana state senator.U.S. Magistrate Judge Keith Strong said the federal government shares jurisdiction with tribal governments. He rebuffed arguments by Shannon Augare’s attorney, who said the federal government’s case against the Blackfeet Tribal Business Council member and Democratic senator was an intrusion of tribal sovereignty.

Federal Court Affirms Conviction for Stealing from Vendors at Tribal Event

Here are the materials in United States v. Spoonhunter (D. Mont.):

DCT Order Denying Motion for Acquittal

Spoonhunter Indictment

An excerpt:

Defendant attacks only one issue in challenging her conviction: whether the government proved that she acted with intent to defraud the vendors with whom she worked in connection with North American Indian Days. Defendant argues no evidence was presented at trial to prove that she contemplated harm to her victims, or that her actions were done in bad faith.