United States v. Male Juvenile (Pierre Y.)

Good Law
2002 Daily Journal DAR 1555·280 F.3d 1008·2002 WL 187420·2002 Cal. Daily Op. Serv. 1236·2002 U.S. App. LEXIS 1830
United States Court of Appeals for the Ninth CircuitFebruary 7, 200200-30411California8,300 words

Opinion

Opinion

Brunetti, J.

This appeal raises difficult and complex questions relating to federal jurisdiction over Native American juveniles. Once again, we must revisit the interplay of two statutes granting federal jurisdiction: those governing criminal jurisdiction over Native Americans and those governing federal juvenile delinquency. Both grants of jurisdiction, on their own, have provoked concern about the reach of the federal government and the rights of those brought into court via these statutes. Together, the concern is even greater.

Pierre Y. (“Pierre”) is a Native American juvenile who was adjudged a juvenile delinquent in federal court for two burglaries committed on the Fort Peck Indian Reservation, after previously being tried and punished in tribal court for one of the two offenses. Pierre raises numerous chai- lenges to his federal prosecution: he contends that federal jurisdiction does not exist over these offenses; that the proceedings violated his rights to due process and equal protection of the laws; that his confession should have been suppressed; and that his right to a jury trial was violated.

FACTS

On March 5, 2000, Pierre was taken into custody by Fort Peck Tribal…

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