Seneca-Cayuga, Seneca, and Ho-Chunk Tribal Members and Enterprise Employees Plead Guilty to Violations of Federal Cigarette Trafficking Law

Here are selected materials in United States v. Sheffler (W.D. Mo.):

Jones Plea Agreement

Barber Plea Agreement

Frenchman Plea Agreement

Sheffler Motion to Dismiss

Sheffler Plea Agreement

Magistrate Report re Parry Motion to Dismiss

Parry Objection to R&R

DCT Order Adopting R&R

Parry Plea Agreement

Parry Sentence

Eighth Circuit Affirms Use of “Indescribed” Tribal Court Convictions in Federal Sentencing

Here is the unpublished opinion in United States v. Jones, for a crime committed on the Red Lake Reservation:

CA8 Opinion in Jones

And the briefs:

Jones Opening Brief

USA Brief in Jones

An excerpt:

Here, the district court did not procedurally err in considering Jones’s tribal convictions. The Guidelines specifically permit a district court to consider tribal court convictions for the purpose of determining the adequacy of a defendant’s criminal history, see U.S.S.G. § 4A1.3(a)(2)(A), and this court has consistently approved tribal convictions as a permissible basis for departing upward from the advisory Guidelines range. See, e.g.,United States v. Cook, 615 F.3d 891, 893 (8th Cir.2010);United States v. Harlan, 368 F.3d 870, 874-75 (8th Cir.2004).