Tag Archives: Major Crimes Act

New Empirical Research on Federal Court Sentencing of Indian Country Defendants

Jeffery T. Ulmer & Mindy S. Bradley have published Punishment in Indian Country: Ironies of Federal Punishment of Native Americans in Justice Quarterly: Ulmer Bradley (2018) – Punishment in Indian Country Here is the abstract: Native Americans are US citizens, … Continue reading

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

Federal Court Rejects Habeas Petition Seeking Vacature of Major Crimes Act Domestic Violence Conviction [Hualapai]

Here are the materials in Smith v. United States (D. Ariz.): 1 Motion to Vacate 8 US Response 13 Reply 14 Magistrate Report 15 Objection 17 DCT Order

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

Eighth Circuit Affirms Major Crimes Act Conviction over Dissent on Right to Counsel in Tribal Court (Rosebud Sioux)

Here are the materials in United States v. Long: Opinion Long Brief US Brief Reply An excerpt from the dissent: A misdemeanant like Michael Long is forbidden to possess a firearm only if he was “represented by counsel in the case” … Continue reading

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Ninth Circuit Affirms Major Crimes Act Manslaughter Conviction

Here is the unpublished opinion in United States v. Bearcomesout.

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Tenth Circuit Affirms Major Crimes Act Murder Conviction

Here is the opinion in United States v. Magnan.

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Eighth Circuit Affirms Major Crimes Act DV/Sexual Assault Conviction

Here is the opinion in United States v. Johnson.

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Federal Court Holds State Highway on Sandia Pueblo is Indian Country

Here are the materials in United States v. Antonio (D.N.M.): 62 Motion to Dismiss 68 Response 84 DCT Order An excerpt: THIS MATTER comes before the Court on the Defendant’s Motion to Dismiss for Lack of Federal Subject Matter Jurisdiction, filed … Continue reading

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Eighth Circuit Affirms Major Crimes Act Child Abuse Conviction

Here is the opinion in United States v. White Plume.

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Justice Dept. Cements Position on Concurrent Federal Criminal Jurisdiction in “Optional” P.L. 280 States

Here: oaag-80488-v1-optional_pl_280_memo_to_u_s__attorneys An excerpt: For decades, conflicting judicial decisions and Department of Justice statements have led to uncertainty about whether the United States has concurrent jurisdiction under 18 U.S.C. §§ 1152 and 1153 over Indian-country crimes that fall within an … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal | Tagged , , , | 1 Comment

Eighth Circuit Affirms Major Crimes Act Conviction; Judge Bright Dissents on Race Discrepancy in Sentencing Issue

Here is the opinion in United States v. Lasley. Briefs: Lasley Brief US Brief An excerpt from Judge Bright’s dissent: I write to protest the sentencing disparity in this case and the heavy disparity in sentences for other similarly-situated individuals … Continue reading

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