Bruce

FACTS AND PROCEEDINGS

In March 2002, Bruce, a resident of the Fort Peck Indian Reservation in northeast Montana, choked her five-year-old son, Cylus, and in so doing, bruised his face and neck. On September 23, 2002, a grand jury indicted Bruce for assault on a child less than 16 years of age on an Indian reservation, in violation of 18 U.S.C. §§ 1152 and 113(a)(5). The indict- ment stated, “That on or about March 25, 2002, at or near Wolf Point, in the State and District of Montana, and within the exterior boundaries of the Fort Peck Indian Reservation, being Indian country, the defendant, VIOLET BRUCE, did assault another, an Indian person who had not attained the age of 16 years . . . , all in violation of 18 U.S.C. §§ 1152 and 113(a)(5).” The indictment, thus, alleged that the victim was an Indian person, but said nothing about Bruce’s status.

Bruce admitted that she choked Cylus but, on her attorney’s advice, she pled not guilty. During the district court proceed- ings, Bruce repeatedly argued that she was Indian. Before trial, she moved to dismiss the indictment on the ground that it should have been brought under 18 U.S.C. § 1153, which applies to certain crimes by…