United States v. First

Other SCOTUS Action Today: Cert Denials

Matthew L.M. Fletcher

Here again is the order list. The Court denied cert in other Indian law related cases.

Marcussen v. Burwell. Petition here.

Harvest Inst. v. United States. Lower court materials here.

United States v. First. Lower court decision here. Tribal court decision (I think) here.

Yowell v. Abbey. NARF page here.

The Court also denied the petition of a Saginaw Chippewa member to waive costs — Pego v. United States. Lower court decision here.

 

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

Matthew L.M. Fletcher

Here are the materials in United States v. First:

US Appellant Brief

First Appellee Brief

US Reply Brief

CA9 Opinion

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.