Major Crimes Act

Eighth Circuit Affirms Oglala Member’s Involuntary Manslaughter Conviction

Matthew L.M. Fletcher

Here is the opinion in New v. United States:

New v USA CA8 Opinion

Ninth Circuit Affirms Major Crimes Act Conviction (Out of Yakama)

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Gomez.

Ninth Circuit Affirms Major Crimes Act Conviction (2d Degree Murder) Out of Montana

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Goodbear.

Eighth Circuit Affirms Major Crimes Act/SORNA Convictions

Matthew L.M. Fletcher

Here is the opinion in United States v. Poitra:

US v Poitra

Eighth Circuit Affirms Major Crimes Act — Domestic Violence — Sentencing

Matthew L.M. Fletcher

The court relied at least in part on prior tribal court convictions, but didn’t note whether they were counseled or uncounseled.

Here is the opinion:

US v Strong CA8 Opinion

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

Matthew L.M. Fletcher

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

US v BAD CA8 Opinion

Tenth Circuit Vacates Sentence (Again) in Major Crimes Act Conviction

Matthew L.M. Fletcher

Here is the opinion in United States v. Lente.

Here is our prior post on the case, which at one time turned on the import of prior tribal court DUI convictions. Here is our post on the prior CA10 opinion.

Eighth and Tenth Circuits Decide Appeals Involving Major Crimes Act Convictions

Matthew L.M. Fletcher

Here is today’s Eighth Circuit opinion in United States v. White Bull (White Bull).

And here is today’s Tenth Circuit opinion in United States v. Waseta.

Federal Court Decides Concurrent Criminal Jurisdiction Case on Red Lake Reservation

Matthew L.M. Fletcher

Here are the materials in United States v. Head (D. Minn.):

DCT Order Adopting R&Rs in Head

Magistrate R&R in Head

Split Eighth Circuit En Banc Panel Upholds Indian Country Crime Sentence

Matthew L.M. Fletcher

Here is the opinion: Sun Bear v. United States CA8 Opinion

The court split 6-5, possibly inspiring Supreme Court review.

Here is an excerpt from the majority:

Marlon Dale Sun Bear pleaded guilty to the second-degree murder of his uncle in Indian country. At sentencing, the district court departed upward three levels based upon Sun Bear’s extensive and violent criminal history, resulting in a sentencing range of 292 to 365 months in prison under the then-mandatory Sentencing Guidelines. The court further ruled that Sun Bear’s prior felony convictions for attempted escape, attempted theft of a vehicle, and attempted burglary of a commercial building were “crimes of violence” under U.S.S.G. § 4B1.2(a), resulting in a career offender enhancement that increased the guidelines range to 360 months to life. The court sentenced Sun Bear as a career offender to 360 months in prison. Sun Bear appealed, arguing that he should not have been sentenced as a career offender because his three prior felonies were not crimes of violence. We affirmed, concluding that he was properly sentenced as a career offender because, although the attempted escape offense was not proved to be a felony, the felony convictions for attempted auto theft and attempted burglary constituted two crimes of violence
warranting the career offender enhancement. United States v. Sun Bear, 307 F.3d 747, 753 (8th Cir. 2002) (Sun Bear I), cert. denied, 539 U.S. 916 (2003).