Justia Native American Law Opinion Summaries

A 17-year-old defendant was charged with ten serious offenses, including murder and assault, after a violent confrontation at the home of his rivals. The incident stemmed from a feud with a classmate and escalated when the defendant, accompanied by his family, armed himself and attacked the victims’ home. The attack resulted in the death of one individual and severe injuries to others. The defendant, an enrolled member of the Cherokee Nation, was charged under federal law for crimes committed within the Cherokee Nation Indian Reservation.The United States District Court for the Eastern District of Oklahoma first reviewed the case. The government moved to transfer the defendant from juvenile to adult criminal proceedings under the Juvenile Justice and Delinquency Prevention Act. After an evidentiary hearing, the magistrate judge recommended granting the transfer, and the district court adopted this recommendation after conducting a de novo review. The district court weighed the statutory factors, including the defendant’s age, social background, psychological maturity, prior delinquency record, past treatment efforts, and the availability of rehabilitative programs, and found that most factors favored transfer to adult status.On interlocutory appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s decision for abuse of discretion. The appellate court held that the district court did not abuse its discretion in weighing the statutory transfer factors and found no clear error in its factual findings. The court also rejected the defendant’s Eighth Amendment argument that transfer was unconstitutional due to the potential punishments, holding that the challenge was unripe under circuit precedent. The Tenth Circuit affirmed the district court’s order transferring the defendant to adult criminal proceedings. View "United States v. J.D.V., Jr." on Justia Law

In January 2023, Chase Lane Rocha, living in a camper in Boswell, Oklahoma, with his pregnant girlfriend, was involved in a series of events leading to the death of his mother, Riki Amix. After consuming alcohol, Rocha returned home and got into a physical altercation with his stepfather, Dakota Amix. Rocha, intoxicated and distraught, armed himself with a pistol and, during a confrontation with family members, accidentally discharged the weapon, fatally wounding his mother. Rocha fled the scene, discarded the weapon, and later surrendered to law enforcement, admitting to the shooting but claiming it was accidental.The United States District Court for the Eastern District of Oklahoma conducted a jury trial where Rocha was found guilty of involuntary manslaughter in Indian Country. The court denied Rocha’s request for a two-level reduction for acceptance of responsibility, reasoning that Rocha did not admit to the mens rea of involuntary manslaughter. The court sentenced Rocha to 60 months in prison, an upward variance from the Guidelines range of 27 to 33 months, citing the need for just punishment and deterrence, and the reckless nature of Rocha’s conduct.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court’s decision, holding that the denial of the acceptance-of-responsibility adjustment was not clearly erroneous given Rocha’s conduct before and during the trial. The appellate court also found that the district court did not err in considering societal expectations as part of its analysis of permissible sentencing factors. Finally, the appellate court concluded that the district court’s explanation for the upward variance was adequate and that the sentence was substantively reasonable given the totality of the circumstances. View "United States v. Rocha" on Justia Law

In January 2023, law enforcement officers from the Rosebud Sioux Tribe responded to a report of a man brandishing a firearm at Benjamin Fool Bull's home. Witnesses identified Tyson Quigley as the man with the firearm and Erwin White Lance as the man with a baseball bat. Both men were later found in a gold Chrysler sedan, which contained a firearm, ammunition, and other items. Quigley declined to speak with investigators, but White Lance admitted to being invited into the residence and claimed responsibility for the firearm before invoking his right to remain silent.Quigley and White Lance were charged with first-degree burglary and using a firearm during a crime of violence. Quigley was also charged with being a felon in possession of a firearm. White Lance died during the proceedings, and the charges against him were dismissed. The district court granted the Government's motion to exclude White Lance's statements as hearsay, ruling that they were not admissible under Rule 804 or Rule 807. At trial, Quigley was found guilty of being a felon in possession of a firearm but acquitted of the other charges. He was sentenced to 90 months in prison and three years of supervised release.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that White Lance's statement about taking responsibility for the firearm was not sufficiently trustworthy to be admitted under Rule 804(b)(3) or Rule 807. The court noted that the statement was made under circumstances that suggested a motive to protect Quigley and was contradicted by eyewitness testimony. Therefore, the district court did not abuse its discretion in excluding the statement. View "United States v. Quigley" on Justia Law

Roger Snake, an elder member of the Ho-Chunk tribe, pleaded guilty in 2011 to two counts of abusive sexual contact with minors. After completing his prison sentence in 2020, he began a lifetime term of supervised release. Snake violated several conditions of his release, including having unapproved and unsupervised contact with minors and traveling outside the judicial district without permission. The district court revoked his supervised release and sentenced him to 24 months in prison, which was above the recommended range in the Sentencing Guidelines.The United States District Court for the Western District of Wisconsin initially addressed Snake's violations informally, reminding him of the conditions of his supervised release. However, after further violations, including being found alone with minors in his home, the court issued a summons. Snake admitted to the violations, and his lawyer requested home detention instead of prison, citing his role as a tribal elder. The district court rejected this argument, emphasizing the severity of his violations and the risk he posed to minors.The United States Court of Appeals for the Seventh Circuit reviewed the case. Snake argued that the district court failed to adequately explain the reasons for imposing a sentence above the guideline range. The appellate court, applying a highly deferential standard of review, found that the district court had sufficiently explained its decision. The court noted that the district judge had considered the relevant statutory factors and the egregiousness of Snake's violations. The appellate court affirmed the district court's decision, emphasizing the need for clear explanations in sentencing and the importance of addressing potential procedural errors promptly. View "United States v. Snake" on Justia Law

A 13-year-old girl reported to her school principal that her mother’s ex-boyfriend had inappropriately touched her in a bathtub on tribal land. During a forensic interview, she described being touched on the outside of her vaginal area and feeling the man’s penis on her back. The accused denied the allegations but later admitted to being naked in the bathtub with the children, claiming he left immediately. In a subsequent law enforcement interview, he responded “mmhmm” to statements that he had touched the girl’s vagina, which an agent interpreted as acknowledgments rather than admissions. At trial, the girl testified about two incidents: one in a bathtub when she was seven, and another in a bedroom where she awoke bleeding. The government introduced a recording of the “mmhmm” responses, and the jury was instructed that silence or failure to deny an accusation could be considered an admission.A jury in the United States District Court for the District of South Dakota convicted the defendant of aggravated sexual abuse of a child under 12 and abusive sexual contact of a child. The defendant moved for acquittal or a new trial, arguing insufficient evidence and inconsistencies in the victim’s testimony. The district court denied acquittal but granted a new trial, citing concerns about leading questions during testimony, the prejudicial effect of the “mmhmm” responses and related jury instruction, and the mandatory minimum sentence.The United States Court of Appeals for the Eighth Circuit reviewed the case. It held that the district court abused its discretion by granting a new trial on grounds not raised in the defendant’s Rule 33 motion, as required by the Federal Rules of Criminal Procedure. The appellate court reversed the order granting a new trial, reinstated the convictions, and remanded the case for sentencing. View "United States v. Drum" on Justia Law

Andy Nahkai was charged with two counts of abusive sexual contact with a child and one count of abusive sexual contact with a child aged 12-16, all occurring within Indian country. During the investigation, Nahkai made incriminating statements to law enforcement officers while being interviewed in an unlocked police vehicle parked outside his home. The officers did not administer Miranda warnings before the interview.The United States District Court for the District of Utah granted Nahkai’s motion to suppress the statements he made during the interview. The court concluded that the interrogation was custodial, and the statements were not voluntary under the Fifth Amendment. The court based its decision on the officers' failure to inform Nahkai that he was free to leave, the accusatory nature of the questioning, and the police-dominated atmosphere of the encounter.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that Nahkai was not in custody for purposes of Miranda v. Arizona. The court found that the totality of the circumstances did not support the conclusion that Nahkai’s freedom of action was curtailed to a degree associated with formal arrest. The court noted that Nahkai was not physically restrained, the vehicle doors were unlocked, and the questioning, although accusatory, was not unusually confrontational. The court reversed the district court’s order suppressing Nahkai’s statements and remanded the case for further proceedings. View "United States v. Nahkai" on Justia Law

Julian R. Bear Runner, an enrolled member of the Oglala Sioux Tribe (OST) and its President from December 2018 to December 2020, was convicted of wire fraud, larceny, and embezzlement and theft from an Indian Tribal Organization. He manipulated the Tribe’s travel policies to embezzle over $80,000, which he used for gambling at the Prairie Wind Casino. Bear Runner pressured travel specialists to approve fraudulent travel requests and never repaid the advance payments.The United States District Court for the District of South Dakota sentenced Bear Runner to 22 months in prison and ordered $82,484 in restitution. Bear Runner appealed, arguing that the government failed to prove the requisite criminal intents for his offenses and that the district court committed procedural and substantive errors in sentencing.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court affirmed the jury’s verdict, stating that sufficient evidence supported the finding that Bear Runner intended to defraud, steal, and embezzle. The court noted that fraudulent intent could be inferred from the facts and circumstances surrounding Bear Runner’s actions, including his manipulation of the approval process and his failure to repay the funds.Regarding sentencing, the court found no procedural error, as Bear Runner did not accept responsibility for his actions. The court also found no substantive error, as the district court acted within its discretion in considering similarly situated defendants and determining that Bear Runner’s individual circumstances warranted a different outcome. The judgment of the district court was affirmed. View "United States v. Runner" on Justia Law

Anthony Brian Walker, a member of the Chickasaw Nation, was convicted of first-degree murder in Indian Country after an altercation with three teenagers in Ada, Oklahoma. On November 29, 2021, Walker was riding his bicycle when he encountered the teenagers in a red SUV. After a confrontation where Walker spat at the car and punched one of the teenagers, Jason Hubbard, Walker later approached the SUV with a knife and stabbed Hubbard, who subsequently died from the wound. Walker turned himself in the next day and admitted to the stabbing, claiming he acted because he believed Hubbard had a gun.The United States District Court for the Eastern District of Oklahoma presided over Walker's trial. Walker's defense included claims of self-defense and heat of passion. He requested jury instructions on these defenses, as well as on second-degree murder and voluntary manslaughter. The district court provided instructions on self-defense and the lesser-included offenses but did not include an instruction on imperfect self-defense, as Walker did not request it. The jury found Walker guilty of first-degree murder.The United States Court of Appeals for the Tenth Circuit reviewed the case. Walker argued that the district court erred by not instructing the jury on imperfect self-defense and the government's burden to disprove it. The Tenth Circuit held that Walker did not preserve this argument because he never requested an imperfect self-defense instruction at trial. The court found no plain error in the district court's failure to sua sponte instruct the jury on imperfect self-defense, as it was not required to do so without a specific request. The Tenth Circuit affirmed Walker's conviction. View "United States v. Walker" on Justia Law

In 2017, Raymond Lee Goldesberry's daughter, K.G., who was almost 12 years old, entered her parents' bedroom after a nightmare and climbed into bed next to her father, who was asleep. During the night, K.G. awoke to find her father touching her inappropriately. K.G. believed her father was asleep and mistook her for her mother. About four years later, the government prosecuted Goldesberry for aggravated sexual abuse of a minor under 12 in Indian Country.In October 2021, Goldesberry was charged in the United States District Court for the Northern District of Oklahoma. He pleaded not guilty, and the case proceeded to a jury trial in March 2022. The jury found Goldesberry guilty, and the district court denied his motion for acquittal. Goldesberry was sentenced to 30 years' imprisonment, the mandatory minimum under 18 U.S.C. § 2241(c).The United States Court of Appeals for the Tenth Circuit reviewed the case. Goldesberry appealed on the grounds of insufficient evidence and prosecutorial misconduct. The Tenth Circuit focused on the sufficiency of the evidence, particularly the knowledge element of the charged offense. The court concluded that the evidence presented was insufficient to establish beyond a reasonable doubt that Goldesberry knowingly engaged in the sexual act, as the evidence equally supported the theory that the touching occurred by mistake.The Tenth Circuit vacated Goldesberry's conviction and remanded the case for further proceedings, holding that the government failed to prove the knowledge element of the offense beyond a reasonable doubt. View "United States v. Goldesberry" on Justia Law

Joseph Harjo was tried and convicted by a jury in Oklahoma federal court for aggravated sexual abuse in Indian Country under the Major Crimes Act. The district court sentenced him to life in prison. Harjo challenged his conviction, arguing that the Major Crimes Act is unconstitutional and that the district court abused its discretion in admitting evidence of prior child abuse under Federal Rule of Evidence 414.Previously, Harjo was charged by the state of Oklahoma with child sexual abuse and was convicted by a state jury, resulting in a life sentence. However, following the Supreme Court's decision in McGirt v. Oklahoma, which determined that Muskogee was within the Muscogee Creek Nation, Oklahoma's jurisdiction was invalidated, and Harjo's conviction was set aside. Subsequently, a federal grand jury indicted him on one count of aggravated sexual abuse in Indian Country.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the constitutionality of the Major Crimes Act, citing controlling Supreme Court precedent that establishes Congress's plenary power over Indian affairs and the unique status of Indians as a separate people with their own political institutions. The court also found that the district court did not abuse its discretion in admitting the testimony of five child witnesses under Rule 414. The district court had determined that a reasonable jury could conclude the prior acts occurred by a preponderance of the evidence and that the probative value of the testimony was not substantially outweighed by the risk of unfair prejudice.The Tenth Circuit concluded that the district court carefully addressed the relevant factors and reached a permissible conclusion on the admissibility of the testimony. Therefore, the court affirmed Harjo's conviction and life sentence. View "United States v. Harjo" on Justia Law