Indian country victimless crimes

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

Matthew L.M. Fletcher

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.

Michigan COA Applies Victimless Crimes Exception to Exclusion of State Criminal Jurisdiction in Indian Country

Matthew L.M. Fletcher

In other words, the Michigan COA held that the state may prosecute non-Indians for engaging in drug-related criminal activity inside the Hannahville casino. Here is the opinion in People v. Collins:

Collins Opinion

Our previous post on this case is here.

Appellate Briefs in Michigan Prosecution of Non-Indians for “Victimless” Crime in Indian Country

Matthew L.M. Fletcher1 Comment

Here are the materials in the consolidated cases, People v. Collins and People v. Mason (Mich. App.):

41st Cir Opinion & Order

MenomineeCountyCollinsMasonBriefCOAclean

Appellees Brief Mich App

Aplt Reply Brief