Major Crimes Act

LaBuff v. United States Cert Petition

Matthew L.M. Fletcher

Here:

LaBuff Petition for Certiorari dated August 26, 2011

Lower court materials here.

Here are the questions presented:

1. Has the Ninth Circuit, contrary to United States v. Rogers, erroneously minimized consideration of the undisputed facts that petitioner is not socially recognized as an Indian, does not participate in Indian social life, and does not hold himself out as an Indian and thereby created a conflict with the Eighth Circuit?

2. Did the government prove beyond a reasonable doubt that petitioner is an Indian person where he is not a member of a tribe, is not socially recognized as an Indian, does not participate in Indian social life, and does not hold himself out as an Indian?

Ninth Circuit Decides Indian Status Case Under Major Crimes Act

Matthew L.M. Fletcher3 Comments

I’m still trying to understand how a reasonable jury of non-Indians can decided beyond a reasonable doubt that someone is an “Indian” under the Major Crimes Act. 🙂

Here are the materials in United States v. LaBuff:

LaBuff CA9 Opinion

LaBuff Opening Brief

US Answer Brief — LaBuff

LaBuff Reply

The court originally decided this case without publishing the opinion, but the government successfully petitioned the court to published it. Here are those materials. A cert petition is pending (docket no. 11-6168, definitely one to watch!):

US Request to Publish

LaBuff Opposition

Update with additional Ninth Circuit materials:

Doc 27 Objection filed October 18, 2011

 

 

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Here is the unpublished opinion in United States v. Gomez.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Here is the unpublished opinion in United States v. Goodbear.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