United States v. Terry Lee Hester

A jury found Hester guilty of eleven sexually-related crimes all involving Indian pupils at a boarding school on the Navajo Reservation. The Federal Enclaves Act, 18 U.S.C. § 1152 , provided the basis for all the convictions. In this appeal, Hester asserts that the district court erred by not dismissing the indictment because it did not allege Hester’s non-Indian status. In addition, Hester argues that an erroneous jury instruction impermissibly shifted the burden of proof concerning his seven child molestation convictions. Finally, he contends that the indictment did not allege, nor did the government prove, the requisite mental element of the crime of child molestation under Arizona law. We affirm all eleven convictions.

Sufficiency of the Indictment

The Federal Enclaves Act provides, among other things, for the prosecution of crimes committed in Indian country by non-Indians against Indians. 18 U.S.C. § 1152 . The Act also provides, however, that its coverage “shall not extend to offenses committed by one Indian against the person or property of another Indian.” Id. That exception is one of three enumerated in the Act.

Each count of the superseding indictment in this case…