Eighth Circuit, Over a Dissent, Affirms 48-Year Sentence for Indian Juvenile Convicted of Murder

Here is the court’s opinion in United States v. Boneshirt.

A lengthy excerpt from the dissent:

As a longtime federal judge, I have seen and reviewed scores of cases in which Indian males have been convicted of assaultive crimes, including murder. Alcohol has played a substantial role in the crime in almost every one of those cases. See, e.g., United States v. Jensen, 423 F.3d 851, 853 (8th Cir. 2005), United States v. LeClair, 338 F.3d 882, 884–85 (8th Cir. 2003), United States v. Emeron Taken Alive, 262 F.3d 711, 712 (8th Cir. 2001). And alcohol obviously played a major role in the unfortunate homicide of Ms. Walking Eagle. Yet the sentencing judge chose a sentence well above the average sentence for murder when, in context, the circumstances were not outside of the usual, serious crime by an adult male Indian, particularly on a reservation.

In addition, the district court did not take into consideration Boneshirt’s life expectancy. The sentencing judge specifically expressed the desire to protect the public by ensuring that Boneshirt would be an old man when he was released: “the Court believes that there is just too much of a risk with Mr. Boneshirt being a part of society before the point where he’s of a very mature age.” However, the district court did not properly consider Boneshirt’s background as a Native American male, who has a life expectancy of fifty-eight years. See Christopher J. L. Murray et al., Eight Americas: Investigating Mortality Disparities across Races, Counties, and RaceCounties in the United States, 3 PLoS Med. 1513, 1514 (2006) “Native American males in the cluster of Bennet, Jackson, Mellette, Shannon, Todd, and Washabaugh Counties in South Dakota had a life expectancy of 58 [years] in 1997–2001 . . . .”). Even if he earns all of his good time credit, which the district court was not optimistic about, he will still serve more than forty years in prison. The district court anticipated Boneshirt would be an old man when he was released, but in reality he may be a dead man.

News Coverage of Settlement of Alltel v. Oglala Sioux Tribe

Here, via Pechanga. The Eighth Circuit briefs are here.

An excerpt:

SIOUX FALLS — A federal lawsuit has been dismissed this week after Alltel and the Oglala Sioux Tribe ironed out a dispute over the communications company’s divested assets on the reservation.

The tribe sued Alltel in tribal court in 2009, using a sovereignty argument in an attempt to take the company’s divested assets within its reservation borders. That prompted Alltel to sue the tribe in U.S. District Court in South Dakota in 2010 to prohibit the tribal suit.

Under the June settlement that agreed to dismiss both lawsuits, the company will pay the tribe $1 million and forgive and waive past-due balances owed by tribal customers.

AT&T bought Alltel’s customer base when it acquired former Alltel assets from Verizon last June. Verizon bought Alltel in 2008.

Continue reading

Opening Brief in Charles Mix County v. DOI — Constitutional Challenge to IRA Section 5

Here:

Charles Mix County Opening Brief

Lower court materials here.

Eighth Circuit Affirms Oglala Member’s Involuntary Manslaughter Conviction

Here is the opinion in New v. United States:

New v USA CA8 Opinion

Eighth Circuit Briefing in Alltel v. Oglala Sioux Tribe

Here:

OST Opening Brief

Alltel Brief

OST Reply

Lower court materials are here.

Eighth Circuit Briefing in South Dakota v. DOI — Sisseton Trust Acquisition Challenge

Here are the briefs:

South Dakota Appellant Brief

Federal Govt Brief

Federal Govt Brief Addendum

Sisseton Amicus

South Dakota Reply

The lower court materials are here.

Split Eighth Circuit Panel Rules against Fond du Lac Member on Income Tax

Here is the opinion in Fond du Lac Band of Lake Superior Chippewa v. Frans: CA8 opinion in Fond du Lac.

From the court’s syllabus:

Minnesota’s act in taxing a Band member’s pension, earned in Ohio, but received on the reservation, did not violate due process as the member’s Minnesota citizenship created a constitutional nexus for the taxation. Judge Murphy, dissenting.

And the briefs:

Fond du Lac Opening Brief.

Minnesota Brief

 

Eighth Circuit Affirms Major Crimes Act/SORNA Convictions

Here is the opinion in United States v. Poitra:

US v Poitra

Eighth Circuit Affirms Major Crimes Act Conviction of Juvenile; Member of Cheyenne River Sioux Tribe

Here is the opinion in United States v. B.A.D.:

US v BAD CA8 Opinion

Eighth Circuit Holds Fee Land Leased to Indian Housing Authority Not Indian Country in Habeas Appeal

Here are the available materials in Owen v. Huber:

CA8 Unpublished Opinion in Owen v. Huber

Owen Opening Brief

Owen Reply Brief