Bustamante v. Valenzuela

Parties Agree that Bustamante v. Valenzuela Ninth Circuit Appeal is Moot

November 15, 2010Matthew L.M. Fletcher

Here are the materials:

Opening brief is here, and lower court materials here.

Details here, from the Bustamante filing:

Respondents argue that because Mr. Bustamante has completed his sentence and been released from custody, and because Mr. Bustamante’s habeas petition challenges only the length of his sentence, his appeal should be dismissed on grounds of mootness. Upon review of Respondents’ motion and pertinent authorities, including North Carolina v. Rice, 404 U.S. 244 (1971), Mr. Bustamante, by and through undersigned counsel, agrees with Respondents’ contention and does not oppose Respondents’ motion.

Opening Brief in Second Ninth Circuit Tribal Court Consecutive Sentencing Case

September 11, 2010Matthew L.M. Fletcher1 Comment

The case is Bustamante v. Valenzuela. And the brief: Appellant’s Opening Brief 9th Cir.100910

Lower court materials are here.

DCT Affirms Tribal Authority to Impose Consecutive Sentences More than One Year

April 1, 2010Matthew L.M. Fletcher3 Comments

Here is the order in Bustamante v. Valenzuela: Bustamante Order.

The district court judge rejected a magistrate recommendation (here).

Bustamante v. Valenzuela Magistrate Report Rejects Consecutive Tribal Court Sentences

February 9, 2010February 9, 2010Matthew L.M. Fletcher

Here is the magistrate R&R in this matter, a companion case to Miranda v. Nielson (D. Ariz.), though a different federal judge will review this report, so we’ll see.

Bustamante Report and Recommendation

Briefs are here.