Tenth Circuit

Navajo Tribal Member Case in Supreme Court — Begay v. United States

Matthew L.M. Fletcher

Briefs and other materials are below the fold.

From SCOTUSWiki:

[Earlier this year], the Court granted certiorari in two cases that will examine the range of predicate convictions that qualify a person for elevated sentences under the Armed Career Criminal Act of 1984 (the “ACCA”). The ACCA imposes a minimum 15 year sentence, and authorizes a term of life imprisonment, for a person convicted of being a felon in possession of a firearm if that person has been previously convicted on three separate occasions for a “violent felony” or “serious drug offense.” The act defines “violent felony” to include any adult crime punishable by at least one year’s imprisonment that “is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” This last clause is referred to as the “otherwise” or “residual” clause. The ACCA also defines “serious drug offense” to include offenses under state law “involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance . . . for which a maximum term of imprisonment of ten years or more is prescribed by law.”

Continue reading →

Cert Petition in MacArthur v. San Juan County

Matthew L.M. Fletcher2 Comments

The cert petition in MacArthur v. San Juan County was filed on Nov. 12. You can download the petition here:

The Tenth Circuit decision is here.

Continue reading →

Kansas v. Kempthorne Materials

Matthew L.M. Fletcher

Recently, the Tenth Circuit decided Kansas v. Kempthorne, perhaps the final round of the Wyandotte Nation of Oklahoma’s bid to open a casino in Kansas City. After a decade of litigation, it appears the Nation has prevailed. What was interesting about the final product was that the 10th Circuit held that the State’s arguments were barred by the Quiet Title Act — because the Secretary had taken the land into trust prior to the filing of the State’s lawsuit, the QTA barred the suit.

Here’s the opinion: CA10 Opinion

Here’s the appellant brief (Kansas and three tribes): Appellant’s Opening Brief

Here’s the federal response brief: Federal Appellee Brief

Here’s the reply brief: Appellant’s Reply Brief

Eagle Repository Case: United States v. Friday (CA10)

Matthew L.M. Fletcher2 Comments

In December, the Tenth Circuit will hear oral argument in the United States’ appeal of the dismissal of the prosecution of Winslow Friday for the taking of eagle parts. The district court found that the difficulty for American Indians in obtaining eagle parts using the national eagle repository permit system violated the Religious Freedom Restoration Act. Specifically, the court held that the eagle repository permit system was not the least restrictive means to protect eagles and therefore infringed on the religious freedom of Winslow Friday.

One element of the case that might make it difficult for Winslow Friday is the apparent fact that he never applied for a permit. The lower court found that the application of a permit was futile. However, some American Indians did seek and receive permits to fatally take eagles, perhaps only 1 but perhaps as many as 5.

The lower court order is here: District Court’s Order of Dismissal

The Government’s opening brief is here: US Opening Brief

Friday’s response brief is here: Friday’s Response Brief

The Government’s reply brief is here: US Reply Brief