USA V. RODNEY STEWART, No. 14-30108 (9th Cir. 2016)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 01 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellant, No. 14-30108 D.C. No. 1:14-cr-00020-SPW v. MEMORANDUM* RODNEY TOMMIE STEWART, Defendant-Appellee. Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Submitted October 25, 2016** Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges. The government appeals from the district court’s order granting Rodney Tommie Stewart’s motion to dismiss his indictment for domestic assault by a habitual offender under 18 U.S.C. § 117(a). We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand for further proceedings. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court dismissed the indictment on the ground that the government could not use Stewart’s uncounseled tribal court convictions to prove an element of the offense. After the district court’s decision, the Supreme Court decided that the use of uncounseled tribal court convictions is permissible in a prosecution under section 117. See United States v. Bryant, 136 S. Ct. 1954, 1966 (2016). We agree with the parties that remand is required under Bryant. Accordingly, we reverse the district court’s order dismissing Stewart’s indictment and remand for further proceedings. REVERSED and REMANDED. 2 14-30108
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
