United States v. Genschow, Sr.

A member of the Keweenaw Bay Indian Community was convicted of destroying trees on the Ontonagon Reservation (18 U.S.C. 1853) and stealing tribal property for his own use (18 U.S.C. 1163). The Sixth Circuit affirmed, rejecting arguments that the defendant had a right to use the land as chief of the Ontonagon Band and that his sentence was improper because he did not receive an acceptance of responsibility reduction. Federal law does not recognize a separate Ontonagon Band; the land is held by the government in trust for the Keweenaw Bay Indian Community. Merely expressing regret for the consequences of criminal conduct, without admitting wrongful intent, does not constitute acceptance of responsibility within the meaning of the Guidelines. The court acted within its discretion in imposing a restitution requirement of $47,200.