United States v. William Fred Burns

Burns appeals convictions for two robberies in Indian country, 18 U.S.C. §§ 2 , 1153, 2111, possession of a firearm, 18 U.S.C.App. § 1202(a)(1), and use of a firearm in the commission of a felony, 18 U.S.C. § 924 (e). Burns is an Indian enrolled in a tribe.

In the first robbery, on December 9,1980, Burns and two accomplices robbed a tribal smoke shop located in Indian country. The second robbery also occurred in the smoke shop, in the midst of the first robbery. Burns approached the victim, Fillmore and, at gunpoint, demanded the keys to Fillmore’s car. After Fillmore told Burns that the keys were in the car, Burns left the shop and stole the keys and the car.

Burns was indicted in December 1981, convicted by a jury, and appeals. He contends that (1) preindictment delay violated his due process rights, (2) substantial evidence did not support the jury’s verdict, (3) he cannot be convicted under 18 U.S.C. § 2111 of robbery because the taking was not from Fillmore’s person or presence, and (4) the district court lacked jurisdiction to convict Burns for the robbery of the tribal smoke shop because the tribe is not an Indian or other person within the Major Crimes Act (MCA), 18…