McKinnon

United States v. McKinnon

Good Law
281 F. Supp. 2d 1146·2003 WL 22079497·2003 U.S. Dist. LEXIS 14833
United States District Court, Northern District of CaliforniaAugust 15, 2003CR 02-356 VRWCalifornia1,042 words

Opinion

Opinion

Walker, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Defendant has been charged in a one-count superseding indictment with a violation of 18 USC § 844 (f)(1) and (f)(2), malicious damage and destruction to property of the United States by fire creating a substantial risk of harm to one or more persons. Doc #34. On July 29, 2003, with the consent of the government and approval of the court, defendant waived his right to a jury trial pursuant to FRCrP 23(a). Doc # 71. The case was tried to the court on July 30, 2003. The court herein makes its findings of fact and conclusions of law:

I. FINDINGS OF FACT

1. The parties have stipulated that the following facts shall be deemed proved beyond a reasonable doubt:

2. The Hoopa Valley Reservation, as currently constituted, was created by act of Congress in 1988. See 25 USC § 1300i-1(b).

3. Unallotted trust lands and assets of the Hoopa Valley Reservation are held in trust by the United States for the benefit of the Hoopa Valley Tribe. See 25 USC § 1300i-1(b).

4. Section 1300i-1(b) of Title 25 of the United States Code does not, by its terms, provide for the retention by the United States of any ownership interest in the land comprising the Hoopa…

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