The case is U.S. v. Pappan, involving a Wind River Reservation resident and member of the Northern Arapaho Tribe. He was already sentenced at the low end of the range, but appealed anyway. Now it’s all up for grabs.
sentencing guidelines
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Here is the Ninth Circuit’s unpublished opinion in United States v. Stowbunenko-Saitschenko.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:
Turtle Talk 