United States v. Long Neck

MEMORANDUM *

Emil Joseph Long Neck (“Long Neck”) appeals the District Court’s decision not to *152 dismiss Count I of his indictment, attempted kidnapping in violation of 18 U.S.C. §§ 1201 and 1153. Long Neck contends that attempted kidnapping is not covered by the relevant statutes and that the District Court was therefore without jurisdiction over Count I. Long Neck also appeals the District Court’s lesser included offense jury instruction as being in violation of United States v. Jackson, 726 F.2d 1466 (9th Cir.1984).

We have jurisdiction under 28 U.S.C. § 1291 . Because the parties are familiar with the facts and procedural history, they are not recited here except as necessary to explain our analysis. For the reasons set forth below, we affirm Long Neck’s conviction.

A. The Attempted Kidnapping Charge

A district court’s refusal to dismiss an indictment based on its interpretation of a federal statute is reviewed de novo. United States v. Lualemaga, 280 F.3d 1260, 1263 (9th Cir.2002). 18 U.S.C. § 1153 grants federal courts jurisdiction over enumerated major crimes committed on Indian reservations. Long Neck cites United States v. Hopkins, 703 F.2d 1102, 1104 (9th…