United States v. Pmb, Juvenile Male

MEMORANDUM

PMB, a juvenile defendant, appeals from his judgment of conviction for two counts of aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153 , 2241(a), 2246(2)(A), and 5031—37. Because the parties are familiar with the factual history of this case, we need not recount it here. We reverse PMB’s conviction and remand for further proceedings.

To establish a defendant’s legal status as an Indian under 18 U.S.C. § 1153 , the government must prove (1) that the defendant has “some quantum of Indian blood, whether or not that blood derives from a member of a federally recognized tribe, and” (2) that the defendant has “membership in, or affiliation with, a federally recognized tribe.” United States v. Zepeda, 792 F.3d 1103, 1113 (9th Cir. 2015) (en banc), cert. denied, — U.S. -, 136 S.Ct. 1712 , 194 L.Ed.2d 810 (2016). “[T]he defendant’s Indian status is an essential element which the government must allege in the indictment and prove beyond a reasonable doubt.” Id. at 1110 (quoting United States v. Bruce, 394 F.3d 1215, 1229 (9th Cir. 2005)) (quotation marks and alteration omitted).

During trial, an FBI special agent testified that a document presented by the government…