Here. The order:
The opinion in this case filed on January 18, 2013, and reported at 705 F.3d 1052 is hereby withdrawn. The opinion shall not be cited as precedent by or to any court of the Ninth Circuit. The court will file a new opinion in due course. As the court’s opinion is withdrawn, the government’s petition for rehearing and rehearing en banc is moot.
Materials in this case and related cases are here.
Here is the opinion in United States v. Lespier.
Here are the materials so far in United States v. Flett (E.D. Wash.):
An excerpt:
On June 5, 2012, Tommie Joe Flett allegedly assaulted his estranged girlfriend at a residence that is located within the boundaries of the Colville Indian Reservation. The Colville Confederated Tribes charged Mr. Flett in tribal court with violations of tribal law. On August 24, 2012, Mr. Flett pleaded guilty in tribal court to the crime of “Battery (Domestic Violence).” During the process, he allegedly admitted assaulting his estranged girlfriend on June 5, 2012. The tribal judge sentenced Mr. Flett to a term of 360 days incarceration with credit for time served. The matter did not end there. The United States sought, and obtained, an indictment charging Mr. Flett with violations [2] of federal law. The federal indictment is based upon the same conduct that the 2012 tribal conviction is based upon. Counts one, two, and three allege Mr. Flett committed the crime of assault in Indian Country.18 U.S.C. §§ 1153(a)and113(a). Count four alleges he is subject to enhanced punishment based upon prior domestic violence convictions.18 U.S.C. § 117(a). The parties have filed a number of pretrial motions.
Here, see pages 28-30.
Here are the materials in Jacobs v. United States (D. S.D.):
DCT Order Denying Habeas Relief
Materials from Mr. Jacobs’ direct appeal of his conviction based on the 1868 Fort Laramie treaty is here.
Today, the Ninth Circuit withdrew an opinion affirming a conviction in United States v. Alvirez. The Alvirez materials are here. The Zepeda materials are here. The federal government has until April 18 to file an en banc petition. A third decision that may be implicated as well is United States v. PMB (materials here).
The issue in Zepeda is here:
The panel held that a Certificate of Enrollment in an Indian tribe, entered into evidence through the parties’ stipulation, is insufficient evidence for a rational juror to find beyond a reasonable doubt that a defendant is an Indian for purposes of § 1153, where the government offers no evidence that the defendant’s bloodline is derived from a federally recognized tribe.
Here is yesterday’s unpublished order in United States v. PMB.
The Zepeda post is here.
Here is the opinion:
Turtle Talk 
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