Tag Archives: United States v. Smith

Ninth Circuit Confirms Assimilative Crimes Act Applies in Indian Country

Here is the opinion in United States v. Smith. Briefs: opening-brief.pdf amicus-brief.pdf us-answer-brief.pdf reply-3.pdf

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Ninth Circuit Briefs in Challenge to Assimilative Crimes Act Jurisdiction

Here are the briefs in United States v. Smith: Opening Brief SW Indian Law Clinic Amicus Brief US Answer Brief Reply Brief

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Ninth Circuit Affirms Conviction of Former Fort Peck Member as “Indian” under Major Crimes Act

Here is the opinion in United States v. Smith. An excerpt on blood quantum: The government presented sufficient evidence of Smith’s Indian blood to satisfy Bruce’s first prong. We have held this requirement satisfied by as little as 1/8 (12.5%) Indian blood. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , ,

Update in Utah Stolen Indian Artifacts Case — Defendants’ “Expert” Allowed to Testify on Value of Objects

Here is an interesting development in United States v. Smith, the criminal case in Utah regarding the theft of Indian artifacts and other objects. The defendants’ proposed expert witness (Dace Hyatt) on the value of the materials collected allegedly in … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, cultural resources, Research | Tagged , , ,

Federal Court Declines to Dismiss Charges in Indian Artifact Theft Case

Here is the opinion on a motion to dismiss in United States v. Smith (D. Utah): US v Smith DCT Order. An excerpt: Based on the differences in these statutes, the Court finds the indictment is not multiplicitous. Each charge … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, cultural resources, Research | Tagged , ,