United States v. Jackson, No. 15-1789 (8th Cir. 2017)
Annotate this CaseDefendant moved to dismiss charges of federal felony offenses, arguing that the district court lacked subject matter jurisdiction because a 1905 Act of Congress diminished the Red Lake Reservation, removing the town of Redby from Indian country. The district court denied the motion and defendant conditionally plead guilty. The court concluded that the record did not adequately support the district court’s determination that Redby is part of Indian country as a matter of law. Therefore, the court vacated the order, allowed defendant to withdraw his plea, and remanded for further proceedings.
Court Description: Loken, Author, with Smith and Colloton, Circuit Judges] Criminal case - Criminal law. For the court's prior opinion remanding the matter on the ground the record did not adequately support the district court's determination that the town of Redby, Minnesota was part of Indian Country, see U.S. v. Jackson, 697 F.3d 670 (8th Cir. 2012); on remand, the district court did not err in determining that a 1905 Act of Congress did not diminish the Red Lake Reservation and that Redby was a part of Indian Country.
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