United States v. Eugene Escalanti

MEMORANDUM

Eugene Escalanti challenges his convictions under the Major Crimes Act, 18 U.S.C. § 1153 (a), for first-degree murder, felony murder, and kidnapping. Based on our recent decision in United States v. Zepeda, 792 F.3d 1103 (9th Cir.2015) (en banc), we affirm the convictions.

1. Zepeda holds that proof of Indian status under § 1153(a) “requires only two things: (1) proof of some quantum of Indian blood, whether or not that blood derives from a member of a federally recognized tribe, and (2) proof of membership in, or affiliation with, a federally recognized tribe.” 792 F.3d at 1112 . The government introduced sufficient evidence to meet both prongs of this test.

At trial, the government introduced Escalanti’s tribal enrollment certificate, which shows that he is one-half San Carlos Apache, three-eighths Quechan, and one-eighth Cahuilla Band of Indians. That evidence satisfies the first prong of the test. Under Zepeda , the government did not need to show, for purposes of meeting the first prong, that any of the tribes mentioned in the certificate were federally recognized. See id. at 1115 .

Escalanti argues that the government failed to introduce sufficient evidence to…