United States v. Juvenile Male

A juvenile male appeals the district court’s determination that he is an “Indi an” under 18 U.S.C. § 1153 , which provides federal criminal jurisdiction for certain crimes committed by Indians in Indian country. The juvenile claims that he does not identify as Indian, and is not socially recognized as Indian by other tribal members. Nonetheless, he is an enrolled tribal member, has received tribal assistance, and has used his membership to obtain tribal benefits. Because the juvenile is Indian by blood and easily meets three of the most important factors used to evaluate tribal recognition laid out in United States v. Bruce, 394 F.3d 1215 (9th Cir.2005), he is an “Indian” under § 1153, and we uphold his conviction.

BACKGROUND

The juvenile was charged in federal court under the Major Crimes Act, 18 U.S.C. § 1153 . He admits to all elements of the crime and disputes only his Indian status. The juvenile is at least one quarter Indian by blood, and is an enrolled member of a federally recognized tribe. He resides on the tribal reservation and used his membership to receive benefits available exclusively to tribal members. The juvenile nonetheless claims that he does not…