United States v. Allen Anthony Spencer

Allen Anthony Spencer appeals his conviction of receiving stolen property under 18 U.S.C. § 662 . We reverse and remand with instructions to vacate Spencer’s sentence and dismiss the indictment against Spencer for want of jurisdiction.

FACTS AND PROCEEDINGS BELOW

On January 22, 1988, Ricky Sampson and James Starr burglarized a residence on the Umatilla Indian Reservation near Pendle-ton, Oregon. Sampson and Starr took a number of guns and a VCR from the house. Several days later, Sampson and Starr met Spencer, an Indian enrolled in the Umatilla Indian Tribe. They told Spencer about the burglary and asked him to help pawn some of the property. Spencer agreed. He pawned two of the guns and a VCR knowing that they were stolen.

On June 21, 1988, the government charged Spencer with violations of 18 U.S.C. §§ 661 (taking property), a crime within the Major Crimes Act, 18 U.S.C. § 1153 .

On September 21, 1988, Spencer’s case was tried before a jury. At the close of the government’s case, Spencer moved for a judgment of acquittal on the charges. The district court granted Spencer’s motion for judgment of acquittal on the 18 U.S.C. § 661 charge. However, the district court granted the…