United States v. Zepeda, No. 10-10131 (9th Cir. 2013)
Annotate this CaseDefendant was convicted under the Major Crimes Act, 18 U.S.C. 1153, which provided for federal jurisdiction over certain crimes committed by Indians in Indian country. The court held that the Tribal Enrollment Certificate was insufficient to establish that defendant was an Indian for the purposes of federal jurisdiction under section 1153 because the government introduced no evidence that defendant's bloodline was derived from a federally recognized tribe. Because the court held that the government introduced insufficient evidence under the first prong of the United States v. Bruce test, the court need not consider whether the Tribal Enrollment Certificate alone was sufficient to carry the government's burden as to the second prong. Accordingly, the court reversed defendant's convictions under section 1153 in counts 2 through 9 of the indictment. Defendant's conviction for conspiracy in violation of 18 U.S.C. 371 was unaffected by the court's disposition.
Court Description: Criminal Law. The panel reversed jury convictions under the Major Crimes Act, 18 U.S.C. § 1153, which provides for federal jurisdiction over certain crimes committed by Indians in Indian country. The panel held that whether a given tribe is federally recognized, as required for jurisdiction under § 1153, is a question of fact for the jury, not a question of law for the court; and rejected the government’s request that this court take judicial notice of the Bureau of Indian Affairs’s list of federally recognized tribes in 2008 and 2010. The panel held that a Certificate of Enrollment in an Indian tribe, entered into evidence through the parties’ stipulation, is insufficient evidence for a rational juror to find beyond a reasonable doubt that a defendant is an Indian for purposes of § 1153, where the government offers no evidence that the defendant’s bloodline is derived from a federally recognized tribe. Dissenting, Judge Watford would hold that federal recognition of an Indian tribe is a question of law for the court to resolve.
The court issued a subsequent related opinion or order on August 20, 2013.
The court issued a subsequent related opinion or order on September 19, 2013.
The court issued a subsequent related opinion or order on February 10, 2014.
The court issued a subsequent related opinion or order on July 7, 2015.
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