prior tribal court convictions

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

October 1, 2013October 3, 2013Matthew L.M. Fletcher

Here are the materials in United States v. First:

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.

Eighth Circuit Affirms Major Crimes Act — Domestic Violence — Sentencing

August 2, 2011August 1, 2011Matthew 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

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

July 29, 2011Matthew 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.