United States Ninth Circuit

In a prosecution in federal court under the Major Crimes Act, 18 USC section 1153, in which the defendant disputed the element of being Indian, conviction is affirmed where a reasonable trier of fact could find the defendant to be an Indian beyond a reasonable doubt, given that: 1) the defendant did not dispute that he had sufficient Indian blood; and 2) there was sufficient evidence of tribal or federal government recognition as an Indian.

Appellate Information

• Decided 01/20/2012
• Published 01/20/2012

Judges

• M. Margaret McKeown

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel Donovan, Michael W. Cotter