Ninth Circuit Decides Another Major Crimes Act “Indian Status” Case

Here is the opinion in United States v. Juvenile Male. The oral argument audio is here.

An excerpt from the opinion:

A juvenile male appeals the district court’s determination that he is an “Indian” under 18 U.S.C. § 1153, which provides federal criminal jurisdiction for certain crimes committed by  Indians in Indian country. The juvenile claims that he does not identify as Indian, and is not socially recognized as Indian by other tribal members. Nonetheless, he is an enrolled tribal member, has received tribal assistance, and has used his membership to obtain tribal benefits. Because the juvenile is Indian by blood and easily meets three of the most important factors used to evaluate tribal recognition laid out in United States v. Bruce, 394 F.3d 1215 (9th Cir. 2005), he is an “Indian” under § 1153, and we uphold his conviction.

While the case is under seal, we do have a redacted version of the opening brief:

Juvenile Opening Brief Redacted October 19, 2011

This entry was posted in Author: Matthew L.M. Fletcher, Criminal, Research and tagged , , . Bookmark the permalink.

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