United States v. Dennis Sangrey

Appellant was convicted of carnal knowledge of a female Indian under sixteen years of age in violation of 18 U.S.C. § 1153 and § 2032. He was sentenced to ten years pursuant to 18 U.S.C. § 5010 (c). Following the affirmation of his conviction, the Appellant petitioned the district court to vacate and set aside the judgment and sentence, claiming that 18 U.S.C. § 2032 is unconstitutional on its face because it discriminates against men. This is an appeal from the final order of the district court denying that motion.

This case was submitted on the briefs without oral argument on January 5, 1981. Because on that date a case was pending before the Supreme Court which presented the issue of the constitutionality of a statute nearly identical to section 2032, submission of this case was deferred until Michael M. v. Superior Court was decided. The case is now submitted.

In Michael M. v. Superior Court, - U.S. -, 101 S.Ct. 1200 , 67 L.Ed.2d 437 (1981), the Supreme Court was faced with the question of whether California’s “statutory rape” law, Cal.Pen.Code § 261.5, violated the equal protection clause of the fourteenth amendment of the United States Constitution. Section 261.5 defines…