Ninth Circuit Reinstates Indictment in Federal Gun Charge Case, with Fort Peck Tribal Court Conviction as Predicate for Offense

Here are the materials in United States v. First:

US Appellant Brief

First Appellee Brief

US Reply Brief

CA9 Opinion

An excerpt from the court’s syllabus:

Reversing the district court’s dismissal of an indictment charging the defendant as a misdemeanant in possession of a firearm in violation of 18 U.S.C. § 922(g)(9), the panel held that a misdemeanor conviction obtained in tribal court may qualify as a predicate offense to a § 922(g)(9) prosecution so long as the defendant was provided whatever right to counsel existed in the underlying misdemeanor proceeding.

The panel concluded that this result does not violate the Sixth Amendment, the Due Process Clause of the Fifth Amendment, or the Equal Protection Clause of the Fourteenth Amendment.

Update: Critical commentary on this case by federal defender Jon Sands here.

DOJ Seeks Indian Fighters

It seems that DOJ is looking to add to their group of lawyers defending the tribal trust fund mismanagement cases. The posting specifically says that the new hire will be working primarily on trust fund mismanagement cases.

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ATTORNEY VACANCY ANNOUNCEMENT
U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT AND NATURAL RESOURCES DIVISION
NATURAL RESOURCES SECTION
GS-12/15
OPEN: JANUARY 7, 2008
CLOSE: FEBRUARY 1, 2008
VACANCY ANNOUNCEMENT NUMBER:
ENRD-08-022-EXC

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Job Opening — Sisseton General Counsel’s Office

SISSETON-WAHPETON OYATE

OF THE LAKE TRAVERSE INDIAN RESERVATION

OFFICE OF GENERAL COUNSEL

Job Description

The Sisseton-Wahpeton Oyate of the Lake Traverse Indian Reservation is looking for a licensed full-time, on site, attorney to serve in the Office of General Counsel at Agency Village, South Dakota 57262.

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Wisconsin Judicare Job Opening

Wisconsin Judicare’s Indian Law Office has an opening for a Staff Attorney.  Please see the attached announcement.