United States v. Smith, No. 17-30248 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed defendant's conviction for two counts of fleeing or attempting to elude a police officer in violation of Oregon Revised Statutes 811.540(1), as assimilated by 18 U.S.C. 13, the Assimilative Crimes Act (ACA), and 18 U.S.C. 1152, the Indian Country Crimes Act (ICCA). Defendant argued that the federal government lacked jurisdiction to prosecute him for his violation of state law in Indian country because the ACA does not apply to Indian country.
The panel affirmed the conviction and held that the ACA applies to Indian country, based on the panel's own precedent and through the operation of 18 U.S.C. 7 and 1152. Furthermore, neither the ICCA nor the Major Crimes Act precluded the federal government from exercising its jurisdiction to prosecute defendant for his violations of section 811.540(1) under the ACA. Accordingly, the court upheld the district court's denial of defendant's motion to dismiss for lack of jurisdiction.