Tenth Circuit – Page 33

Interesting, and a case to watch. The government is attempting to prove a recidivist element of the crime (domestic violence) through use of two or more uncounseled tribal court convictions. Lower court materials here.

Here is the opening brief: US Appellant Brief in Shavanaux.

Tenth Circuit Affirms Immunity for Tribal Corporations; Reversing Lower Court

December 28, 2010Matthew L.M. Fletcher2 Comments

Here are the materials in Breakthrough Management Group v. Chukchansi Gold Casino and Resort:

Tenth Circuit opinion

Chukchansi Opening Brief

BMG Brief

Chukchansi Reply

BMG Reply

BMG v Chukchansi Lower Court Orders

Lower court briefs here.

Tenth Circuit Affirms Sentence in Major Crimes Act Conviction

November 10, 2010Matthew L.M. Fletcher

The case is United States v. Warrior, and here is the unpublished opinion.

The case apparently involves the Tonkawa Tribe of Oklahoma.

Tenth Circuit Affirms Dismissal of Land Claim against Fort Sill Tribe

November 9, 2010Matthew L.M. Fletcher1 Comment

Here are the materials in Nahno-Lopez v. Houser (lower court materials here):

CA10 opinion

Nahno-Lopez Opening Brief

Houser Answer Brief

Nahno-Lopez Reply Brief

Tenth Circuit Affirms Conviction for Theft from Tribal Organization

October 13, 2010October 14, 2010Matthew L.M. Fletcher2 Comments

Here is the unpublished opinion in United States v. Saupitty.

An excerpt:

While serving as the Tax Commissioner of the Apache Tribe of Oklahoma (the “Tribe”), Ms. Saupitty diverted tribal tax revenues to a bank account she established without the Tribe’s knowledge and that she solely controlled. Over a two-year period, she withdrew all of the Tribe’s funds from that account–more than $100,000–which she used to pay for her personal expenses, among other things. She was sentenced to twenty-seven months’ imprisonment, followed by two years of supervised release, restitution of $107,627.65, and 104 hours ofcommunity service.