United States v. Shane Arthur James

Good Law

92 Daily Journal DAR 16446·980 F.2d 1314·1992 WL 359733·1992 U.S. App. LEXIS 32160·92 Cal. Daily Op. Serv. 9838

United States Court of Appeals for the Ninth CircuitDecember 9, 199291-30238California2,892 words

Opinion

Nelson, J.

Appellant Shane Arthur James (“James”) appeals his conviction for rape committed on the Quinault Indian Reservation in the State of Washington. On June 29, 1990, the victim reported that James entered her home and raped her in the early morning. An indictment was filed on October 3, 1990, charging James with a single count of aggravated sexual assault on an Indian reservation in violation of 18 U.S.C. §§ 1151 , 1153, and 2241(a). James was sentenced to eighty-seven months in the custody of the Attorney General and placed on five years of supervised release. We have jurisdiction of this timely appeal pursuant to 28 U.S.C. § 1291 .

We hold that the indictment was sufficient to withstand a Fed.R.Crim.P. 34 challenge after the verdict and that the Qui-nault Indian Nation did not waive its sovereign immunity, and thus is protected from responding to the subpoena issued by the district court. The other issues of the case have been resolved in a nonpublished memorandum disposition.

INDICTMENT

James argues that the indictment was defective because it failed to state the jurisdictional fact that he was an Indian. James contends that this failure constitutes a fatal defect, thereby…

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