United States v. Johnny Smith

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 4 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-35036

Plaintiff-Appellee, D.C. Nos. 3:20-cv-01951-JO 3:16-cr-00436-JO-1 v.

JOHNNY ELLERY SMITH, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Oregon Robert E. Jones, District Judge, Presiding

Argued and Submitted February 7, 2022 Portland, Oregon

Before: PAEZ and NGUYEN, Circuit Judges, and TUNHEIM,** District Judge.

Defendant Johnny Ellery Smith, an enrolled member of the Confederated

Tribes of Warm Springs, appeals the district court’s denial of his 28 U.S.C. § 2255

motion. We previously affirmed Smith’s convictions on direct appeal, holding that

the federal government had jurisdiction to prosecute him for violations of Oregon

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable John R. Tunheim, United States District Judge for the District of…