United States v. Doyle Lyons

MEMORANDUM

Doyle Justin Lyons appeals from the 360-month sentence imposed following his jury-trial conviction for aggravated sexual abuse of a minor, in violation of 18 U.S.C. §§ 1153 (a) and 2241(c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lyons contends that the mandatory minimum sentence required by 18 U.S.C. § 2241 (c) unconstitutionally violates his right to equal protection. This contention fails because § 2241(c) does not discriminate against Native Americans, either on its face or as applied. See City of Cleburne, Tex. v. Cleburne Living Center, 473 U.S. 432, 440 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985); see also Washington v. Davis, 426 U.S. 229, 241 , 96 S.Ct. 2040 , 48 L.Ed.2d 597 (1976). Any disproportionate impact § 2241 has on Native Americans simply reflects the different treatment of criminals under the Major Crimes Act who commit crimes in a federal enclave. See United States v. LeMay, 260 F.3d 1018, 1030-31 (9th Cir.2001); see also United States v. Antelope, 430 U.S. 641, 645, 648-49 , 97 S.Ct. 1395 , 51 L.Ed.2d 701 (1977) (holding that federal legislation, although relating to Indian tribes, is not based upon impermissible racial…