United States v. Jones

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Jones, for a crime committed on the Red Lake Reservation: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