Maggi

The Major Crimes Act, 18 U.S.C. § 1153 , provides federal criminal jurisdiction for certain crimes committed by Indians in Indian country. As the Supreme Court explained in United States v. Antelope, “we are dealing [ ] not with matters of tribal self-regulation, but with federal regulation of criminal conduct within Indian country implicating Indian interests.” 430 U.S. 641 , 646, 97 S.Ct. 1395 , 51 L.Ed.2d 701 (1977). Determination of who is an Indian under the statute is not as easy as it might seem. Indeed, the statute contains no definition, leaving to the courts the task of defining “Indian.” See Felix Cohen, Handbook of Federal Indian Law § 3.03[4] (LexisNexis 2005) (“Cohen”). We have developed a framework for evaluating Indian status under § 1153: 1) the presence of some Indian blood indicating tribal ancestry; and 2) tribal or government recognition as an Indian. United States v. Bruce, 394 F.3d 1215, 1223 (9th Cir.2005). Both prongs must be satisfied to establish Indian status.

Gordon Mann and Shane Maggi appeal from unrelated convictions on the same basis, namely that they are not “Indians” for purposes of prosecution under the Major Crimes Act. Because there is no…