Tenth Circuit – Page 19

Section 117(a) of Title 18, United States Code, makes it a federal crime for any person to “commit[] a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country” if the person “has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for” enumerated domestic-violence offenses. 18 U.S.C. 117(a).

The question presented is whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove Section 117(a)’s predicate-offense element violates the Constitution.

Lower court materials here (en banc) and here (panel).

Tenth Circuit Dismisses Appeal in Harvey v. Ute Indian Tribe

August 14, 2015Matthew L.M. Fletcher

Here is the opinion.

We posted briefs here.

Tenth Circuit Rejects Religious Objector’s Challenge to Oklahoma License Plate

August 4, 2015Matthew L.M. Fletcher1 Comment

Here is the opinion in Cressman v. Thompson.

Briefs:

1 Opening Brief

2 Appellees Brief

3 Reply Brief

Lower court materials here and here.

Prior Tenth Circuit case here.

Oklahoma v. Hobia Cert Stage Briefing Complete

July 31, 2015Matthew L.M. Fletcher

Here:

Petition for a Writ of Certiorari

Hobia Cert Opp

Oklahoma Reply

Lower court materials here.

Tenth Circuit Affirms Conviction of Former Paiute Tribal Employee for Mail Fraud

July 28, 2015Matthew L.M. Fletcher1 Comment

Here is the opinion in United States v. Zander.

An excerpt:

Defendant Jeffrey Zander was convicted of two counts of mail fraud, two counts of wire fraud, one count of money laundering, and three counts of willful failure to file federal tax returns. He was sentenced to sixty-eight months of imprisonment and ordered to pay $202,543.92 in restitution to the Paiute Indian Tribe of Utah, the main victim of his fraud. On appeal, he challenges his convictions on the mail fraud, wire fraud, and money laundering counts. He also challenges the length of his sentence and the amount of restitution awarded to the Tribe.