United States Ninth Circuit

Conviction for assault resulting in serious bodily injury on an Indian reservation, in violation of 18 U.S.C. sections 1153 and 113(a)(6), is reversed where the District Court: 1) abused its discretion when it determined that a Certificate of Indian Blood offered into evidence by the government in order to establish Indian status, an essential element of section 1153, was a self-authenticating document under Fed. R. Evid. 902(1); 2) cannot show plain error in the District Court's application of enhancement under U.S.S.G. section 2A2.2 for infliction of permanent or life-threatening injury.

Appellate Information

• Published 2016/08/01

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel