United States v. Wesley Jacob, No. 10-2705 (8th Cir. 2011)
Annotate this CaseAppellant, an enrolled member of the Oglala Sioux Tribe, pled guilty to assault with a dangerous weapon in Indian Country in violation of 18 U.S.C. 113(a)(3) and 1153 and was sentenced to 36 months imprisonment followed by 3 years supervised release. At issue was whether the government failed to establish compliance with Articles I and V of the Fort Laramie Treaty, 15 Stat. 635, between the United States and different Tribes of Sioux Indians which deprived the district court of subject matter jurisdiction over his case. The court affirmed the judgment and held that even if Articles I and V of the treaty could reasonably be construed as establishing a jurisdictional requirement at the time the treaty was executed, Congress's subsequent grant of citizenship to the Indians makes them subject to all restrictions to which any citizen was subject and was evidence of clear indication to abrogate any contrary treat provisions.
Court Description: Criminal case - Criminal law and sentencing. Argument that the government's failure to comply with the provisions of the Fort Laramie Treaty deprived the district court of criminal jurisdiction rejected; even if Articles I and V of the treaty could reasonably be construed as establishing a jurisdictional requirement at the time the Treaty was executed, Congress's subsequent grant of citizenship to the Indians makes them subject to all restrictions to which any citizen is subject and is evidence of a clear indication to abrogate any contrary treaty provisions.
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