United States v. Michael Yazzie, United States of America v. Leslie Chee

Appellants, Navajo Indians, were convicted of incest under the Major Crimes Act, 18 U.S.C. § 1153 , which defines certain crimes committed by Indians in Indian country. The Act defines incest by reference to state law. Appellants’ crimes were committed on the Arizona portion of the Navajo Reservation. That reservation also extends into New Mexico and Utah. Appellants’ acts constituted incest under Arizona law, Ariz.Rev.Stat. §§ 13-3608, 25-101, but would not have constituted incest under New Mexico law, N.Mex.Stat. § 30-10-3. Appellants argue that because they are treated differently from Indians who commit identical acts on the New Mexico portion of the Reservation, their rights to equal protection of the laws are violated. The district court rejected their argument and we affirm.

Appellants do not argue that they are treated differently from any other person, Indian or non-Indian, who commits the same act in the same place. The discrimination of which they complain is geographical, and does not violate the equal protection clause unless it is without a rational basis. See Hodel v. Indiana, 452 U.S. 314, 331-32 , 101 S.Ct. 2376, 2386-2387 , 69 L.Ed.2d 40 (1981); San Antonio…