marceau-v-blackfeet-housing-authority-cert-petition
The SCT Project’s materials on this case are here.
Ninth Circuit
Bressi v. Ford Update — FTCA and Sovereign Immunity Case
Here are the briefs in Bressi v. Ford, a claim pending in the Ninth Circuit against Tohono O’odham Nation police officers.
The lower court opinion and the opening brief were posted earlier here.
Ninth Circuit Affirms Conviction of Fake Indians for Immigration Violations
Here is the Ninth Circuit’s unpublished opinion in United States v. Stowbunenko-Saitschenko. Here is a summary of the case from the opinion:
Oleh Rostylaw Stowbunenko-Saitschenko (“Stowbunenko”) appeals his conviction and sentence for Bringing in Illegal Aliens to the United States … and his conviction for Encouraging Illegal Aliens to Enter the United States …. These convictions resulted from an incident in which Stowbunenko, a naturalized American citizen who claims to be a member of an Indian tribe known as the Little Shell Pembina Band of North America (“PNLSB”), issued certificates of PNLSB membership to two Mexican nationals and then attempted to cross the border from Mexico to the United States with the Mexican nationals. At Stowbunenko’s urging, the Mexican nationals tried to use their tribal membership documents to secure entry to the United States. Stowbunenko was convicted of the above counts following a jury trial and sentenced principally to time served.
Here are the briefs in which the appellant’s make some startling (and frivolous) Jay Treaty and Indian law claims:
Activist Judge Cancels Christmas
An oldie but goodie from the Onion:
WASHINGTON, DC—In a sudden and unexpected blow to the Americans working to protect the holiday, liberal U.S. 9th Circuit Court of Appeals Judge Stephen Reinhardt ruled the private celebration of Christmas unconstitutional Monday.
Harrah’s v. NGV Gaming Cert Petition
The questions presented are:
1. Does the Dictionary Act’s rule that words used in the present tense also include the future tense, unless the context indicates otherwise, only apply if the statutory text at issue is ambiguous?
2. Does the term. “Indian lands” as used in 25 U.S.C. §§ 81 and 2701-2721 include both land that “is held by the United States in trust for an Indian tribe” and land that “will be held in trust by the United States for an Indian tribe”?
Here is the brief — harrahs-v-ngv-gaming-cert-petn
And here is the lower court opinion — guidiville-band-v-ngv-gaming
Ninth Circuit Affirms Immunity of Tribally Chartered Corporation
In Cook v. Avi Casino, a divided Ninth Circuit panel held that a dram shop action against Avi Casino Enterprises, a wholly owned corporation owned by the Fort Mohave Indian Tribe and chartered under the laws of the tribe, was barred by sovereign immunity. The panel split over the question of whether the federal court had jurisdiction over the claim on the basis of diversity.
US v. Necklace — 20 Month Criminal Sentence against Indian Reversed
Interesting case out of the Ninth Circuit. Here’s a taste:
Necklace contends that the district court abused its discretion in imposing a 20-month sentence when the sentencing range suggested by U.S.S.G. § 7B1.4(a), p.s., was 4 to 10 months imprisonment. He argues that his violation of a supervised release condition requiring him to reside in a prerelease center was due to his inability to keep a job and to meet other of life’s responsibilities, and that this inability is due to his personal history in Native American society. See United States v. Bad Marriage, 392 F.3d 1103, 1115 (9th Cir. 2004) (stating that federal courts must be “keenly aware of the underlying social problems facing . . . Native American offenders . . . and of the need of many of these defendants for rehabilitation”). Necklace argues that a 20-month term of imprisonment will not rehabilitate him, nor will it protect the public or afford adequate deterrence.
The district court abused its discretion in concluding that, given Necklace’s history and characteristics, supervised release could not help him, and a 20-month sentence was reasonable. See Simtob, 485 F.3d at 1061-62. We reverse the district court’s judgment and remand for further proceedings. On remand, the case shall be reassigned to a different district judge. See United States v. Hai Waknine, 543 F.3d 546, 2008 WL 4149666 at *11 (9th Cir. Sept. 10, 2008).
Ninth Circuit Rejects (again) Tribal Court Jurisdiction over BNSF
In BNSF v. Ray, the Ninth Circuit again rejected tribal court jurisdiction over a tort claim against Burlington Northern Santa Fe Railroad.
[The tribal briefs aren’t available.]
US v. Fiander — CA9 Reverses Dismissal of RICO Claims against Yakama Member
The Ninth Circuit held in U.S. v. Fiander that a Yakama tribal member who cannot be convicted of violating the Contraband Cigarette Trafficking Act because of the “right to travel” provision of the Yakama treaty can still be prosecuted for conspiracy under RICO.
[Fiander response brief unavailable]
US v. Mahoney — CA9 Affirms Cigarette Trafficking Conviction
This case involves a Coeur d’Alene Tribe member who violated the federal Contraband Cigarette Trafficking Act.
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