United States v. Earl Laughing

Laughing, an Indian who assaulted another Indian while on an Indian reservation, appeals the denial of his motion to dismiss Count II of his indictment for lack of jurisdiction over a charge brought in the district court under 18 U.S.C. § 924 (c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

On September 9,1986, while on an Indian reservation, Laughing entered the home of King, also an Indian, and asked for money. When King refused, Laughing produced a pistol and shot King, inflicting a life-threatening injury.

Count I of Laughing’s indictment charged that, while on the Navajo Indian Reservation, Laughing, an Indian, assaulted King, also an Indian, with the intent to commit murder in violation of 18 U.S.C. § 113 (a) and the Major Crimes Act, 18 U.S. C. § 1153. Count II charged that Laughing used a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924 (c). Laughing unsuccessfully moved to dismiss the second count on the ground that because the offense proscribed under section 924(c) is not among the list of offenses specifically enumerated within the Major Crimes Act, 18 U.S.C. § 1153 , the district court lacked jurisdiction over that…