McKinnon
United States v. McKinnon
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…