UNITED STATES of America, Plaintiff-Appellee, v. Nathaniel Earl KEYS, Defendant-Appellant

OVERVIEW

Nathaniel Earl Keys timely appeals the district court’s affirmance of his conviction, following a bench trial before a magistrate judge, for assault on his daughter in violation of 18 U.S.C. §§ 113 (d) and 1152. Keys argues that the district court lacked jurisdiction because the victim, who was one-fourth Indian, was not an enrolled member of any Indian tribe. Keys also argues that the Federal Enclaves Act, 18 U.S.C. § 1152 , is an unconstitutional attempt by Congress to apply a general criminal code to the activities of non-Indians in Indian Country. We affirm Keys’ conviction.

FACTS AND PRIOR PROCEEDINGS

In June 1992, Nathaniel Earl Keys had a daughter. The daughter’s mother is an enrolled member of the Colorado River Indian Tribe and her enrollment certificate lists her as one-half Indian blood. Keys is African-American.

At the time of the daughter’s birth her mother was not living with Keys, although both the mother and Keys lived on the Colo rado River Indian Tribe Reservation; The daughter lived with her mother for the first eighteen months of her life. Sometime in November 1993 the mother voluntarily gave custody of her daughter to Keys. Keys later established…