John Brown v. Brenda Burns, Warden, Nncc
Opinion
Opinion
John Brown appeals the district court’s denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254 , challenging his state conviction for driving under the influence of intoxicating liquor in violation of Nev. Rev.Stat. § 484.379. Although Brown’s notice of appeal arrived at district court a day late, we deem it timely. See Sudduth v. Arizona Attorney General, 921 F.2d 206 (9th Cir.1990). We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.
We review de novo the district court’s decision to deny Brown’s petition for habeas relief. Thomas v. Brewer, 923 F.2d 1361 (9th Cir.1991). The district court’s findings of fact are reviewed for clear error, id., and state court factual conclusions are entitled to a presumption of correctness. 28 U.S.C. § 2254 (d).
Brown’s first contention is that the Nevada District Court lacked jurisdiction because the alleged offense occurred entirely within the boundaries of the Reno/Sparks Indian Colony. Federal courts have jurisdiction over crimes committed by Indians within the boundaries of federally recognized Indian reservations, while state courts have jurisdiction over crimes occurring outside the reservations. 18 U.S.C. §…