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Indian Law
 
United States of America v. Sylvia Toolie and Peggy Akeya Federal Courthouse - Anchorage, Alaska

Anchorage, AK - Sisters Sentenced for Embezzlement from Indian Tribal Government

Sylvia Toolie, 60, and her sister, Peggy Akeya, 57, of Savoonga, Alaska, were sentenced by Chief U.S. District Judge Timothy M. Burgess for embezzling funds from the Native Village of Savoonga (“Native Village of Savoonga” or “the Tribe”), which is located on St. Lawrence Island.

Toolie was sentenced... More...
   $0 (09-17-2017 - AK)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

Jane Doe v. Etihad Airways, P.J.S.C. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Plaintiff Jane Doe and her eleven-year-old daughter flew aboard
Etihad Airways from Abu Dhabi to Chicago. For the duration of the fourteen-hour journey,
Doe’s tray table remained open in her lap because a knob that was meant to hold it in place had
fallen to the floor. During the flight, Doe’s daughter found the knob on the floor and gave it to
Doe, who placed it in a seatback pock... More...
   $0 (09-06-2017 - MI)

United States of America v. Patricia Parsons Federal Courthouse - Memphis, Tennessee

Memphis, TN - Tennessee Woman Pleads Guilty to Aiding and Abetting an Attempt to Kidnap Judge and Sheriff in One-Count Criminal Information

Patricia Parsons, 49, of Brighton, Tennessee, pleaded guilty to a one-count criminal information charging her with aiding and abetting solicitation to commit kidnapping. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee,... More...
   $0 (09-01-2017 - TN)

Tajie Major v. R.J. Reynolds Tobacco Company

William E. Major smoked two packs of cigarettes a day, on
average, from 1961 to 1989. He was diagnosed with lung cancer
in 1997, and died a year later. His wife, plaintiff Tajie Major,
brought suit against several manufacturers of cigarettes Major
had smoked, as well as manufacturers of asbestos to which he
had been exposed, alleging that Major’s smoking and his asbestos
ex... More...
   $0 (08-31-2017 - CA)

T.D. v. Kelcey Patton United States Court of Appeals - Denver, Colorado

T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to
substantive due process. He relies on a “danger-creation theory,” which provides that
“state officials can be liable for the acts of third parties where those officials created the
danger that caused the harm.” Currier v. Doran, 242 F.3d 905, 917 (10th Cir. 2001)
(quotations omitted).1
... More...
   $0 (08-30-2017 - CO)

Quinault Indian Nation v. Mary Linda Pearson Federal Courthouse - Seattle, Washington

Once again, the issue of tribal sovereign immunity and
cigarette taxes is back in the federal courts. In this iteration,
the Quinault Indian Nation (the “Nation”) sued Edward A.
Comenout, Jr.; Robert R. Comenout, Sr.; and other
defendants for engaging in a scheme to defraud the Nation
of taxes. When the Nation later asked the district court to
dismiss its action, Edward’s e... More...
   $0 (08-30-2017 - WA)

Lynn D. Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation United States Court of Appeals for the Tenth Circuit Denver, Colorado

The Ute Indian Tribe of the Uintah and Ouray Reservation1 appeals a preliminary
injunction ordering it not to proceed with litigation in tribal court against a nonmember
former contractor, Lynn Becker. The district court ruled that although the parties’
dispute would ordinarily come within the tribal court’s jurisdiction, their Independent
Contractor Agreement (the Contract) waived... More...
   $0 (08-25-2017 - UT)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Honorable Barry G. Lawrence

This appeal arises from a contract dispute between Lynn Becker and the Ute
Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the
merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his
claim against the Tribe in Utah state court. The Tribe responded by filing suit in the
United States District Court for the District of Uta... More...
   $0 (08-25-2017 - UT)

United States of America v. Xavier Justice Hamidree Federal Courthouse - Phoenix, Arizona

Phoenix, AZ - Supai Man Sentenced To 24 Months for Sexually Abusing Minor and For Drug Offense

Xavier Justice Hamidreek, 24, of Supai, Ariz., was sentenced on August 22, 2017 to 24 months in prison for sexually abusing an underage victim on the Havasupai Indian Reservation. Hamidreek was also sentenced to a 24-month concurrent term for possessing marijuana with intent to distribute it on ... More...
   $0 (08-25-2017 - AZ)

United States of America v. Steven Archuleta and Cheryl Shemayme-Archuleta Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Siblings from Picuris Pueblo Sentenced to Prison for Federal Assault and Firearms Convictions

Steven Archuleta, 26, and his sister, Cheryl Shemayme-Archuleta, 33, both members and residents of Picuris Pueblo, N.M., were sentenced late yesterday afternoon in federal court in Albuquerque, N.M., for their convictions on assault and firearms charges.

Archuleta was ... More...
   $0 (08-25-2017 - NM)

United States v. Murray James Plentywounds United States District Court for the District of Idaho Pocatello, Idaho

Poncatello, ID - Murray James Plentywounds, 30, of Fort Hall, Idaho, pleaded guilty to assault with a dangerous weapon.

According to the plea agreement, on November 29, 2016, the Federal Bureau of Investigation was advised that a stabbing had occurred on the Fort Hall Indian Reservation. The female victim was in the Portneuf Medical Center in Pocatello. An FBI agent met her there. The ag... More...
   $0 (08-24-2017 - ID)

United States of America v. Carrie Godfrey Federal Courthouse - Pierre, South Dakota

Pierre, SD - Former Tribal Executive Sentenced to Federal Prison for Embezzlement

Defendants Prosecuted as Part of The Guardians Project, a Federal Law Enforcement Initiative to Combat Corruption, Fraud, and Abuse in South Dakota

A former executive board member of the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe was sentenced in federal court on August 17, 2017, to 10... More...
   $0 (08-20-2017 - SD)

M.L. v. Dr. Jack R. Smith, et al.

M.L., a minor, by and through his parents, Akiva and Shani Leiman, and Akiva and Shani Leiman, individually and in their capacity as M.L.’s parents (collectively, the “Plaintiffs”), appeal the district court’s denial of their motion for summary judgment under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., and the grant of summary judgment to Dr. Jack Smith,1 in... More...   $0 (08-14-2017 - MD)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

James P. Naifeh v. Oklahoma Tax Commission

1 Article V, Section 33 of our Constitution restricts the Legislature's ability to enact "revenue raising" measures. It does so by requiring that such measures (1) originate in the House of Representatives, (2) be enacted prior to the last five days of the legislative session, and (3) be approved either by the people or by a three-fourths majority in each legislative chamber.1

¶2 Senate B... More...
   $0 (08-10-2017 - OK)

United States of America v. Jesus Deniz Mendoza Federal Courthouse - Billings, Montana

Billings, MT - Wyoming Man is Sentenced to Life in Prison for the Murder and Assault of Crow Residents

Jesus Deniz Mendoza, 20, of Worland, Wyoming, was sentenced on August 10, 2017 to life in prison in Billings federal court after pleading guilty to a superseding information charging him with two counts of second-degree murder, assault with intent to commit murder, assault with a dangero... More...
   $0 (08-10-2017 - MT)

United States of America v. Matthew Yazzie

In this direct criminal appeal, Defendant-Appellant Matthew Yazzie contends
that his seventy-eight-month within-guideline sentence for assault resulting in serious
bodily injury is substantively unreasonable because the sentencing guideline used to
calculate his advisory sentencing range, U.S.S.G. § 2A2.2, produces disproportionate
sentences. Having jurisdiction under 18 U.S.C. § 3... More...
   $0 (08-09-2017 - NM)

United States of America v. Jeffrey Charles Zander

Jeffrey Zander appeals from the district court’s amended judgment correcting
his sentence after our previous remand. Exercising jurisdiction under 28 U.S.C.
§ 1291 and 18 U.S.C. § 3742(a), we again reverse and remand for resentencing, but
affirm the district court’s refusal to consider certain sentencing issues that lie beyond
the scope of our prior mandate.
* After examining t... More...
   $0 (08-08-2017 - UT)

United States of America v. Lawrence Payer Federal Courthouse - Lincoln, Nebraska

Lincoln, NE - Former Winnebago Tribal Council Member Sentenced for Theft from an Indian Gaming Establishment

Chief United States District Court Judge Laurie Smith Camp sentenced Lawrence Payer, age 71, of Winnebago, Nebraska for his conviction for theft from an Indian gaming establishment.

Payer was a member of the tribal council of the Winnebago Tribe of Nebraska. Beginning in 2... More...
   $0 (08-07-2017 - NE)

United States of America v. Jeremy Arlen Crist District of North Dakota Federal Courtroom - Fargo, North Dakota

Fargo, ND - Devils Lake Man Sentenced On Federal Drug Charge

Jeremy Arlen Crist, age 40, of Devils Lake, ND, was sentenced before U.S. District Judge Ralph R. Erickson to serve 10 years in prison for Conspiracy to Possess with Intent to Distribute and Distribute a Controlled Substance. Judge Erickson further sentenced Crist to 8 years of supervised release and ordered him to pay a $100 sp... More...
   $0 (08-07-2017 - ND)

American Wild Horse Preservation Campaign, et al. v. Sonny Perdue

Since 1975, the United States Forest Service has protected and managed wild horses in the Devil’s Garden section of the Modoc National Forest in Northern California. That wild horse territory originally consisted of two separate tracts of land of roughly 236,000 acres. But at some point in the 1980s, a Forest Service map added in an approximately 23,000 acre tract of land known as the Middle Secti... More...   $0 (08-05-2017 - DC)

United States of America v. Reed O'Brien Thomas, Jr. Federal Courthouse - Phoenix, Arizona

Phoenix, AZ - Dennehotso Man Sentenced to 13 Months for Assault on a Navajo Nation Police Officer

Reed O’Brien Thomas, Jr., 27, from Dennehotso, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 13 months in prison, followed by three years of supervised release. Thomas had previously pleaded guilty to assaulting a federal officer.

The investigation revealed that on Au... More...
   $0 (08-03-2017 - AZ)

United States of America v. Tyson Heath Federal Courthouse - Spokane, Washington

Seattle, WA - Habitual Domestic Violence Offender Sentenced to 41 Months

Tyson Heath, age 41, of Wellpinit, Washington, was sentenced July 25, 2017 after having pleaded guilty on March 14, 2017, to the crime of Domestic Assault by a Habitual Offender. Senior United States District Judge Wm. Fremming Nielsen sentenced Heath to a 41-month term of imprisonment, to be followed by a three-year... More...
   $0 (07-25-2017 - WA)

United States of America v. Toni Louise Plummer-Alvernaz Federal Courthouse - Great Falls, Montana

Great Falls, MT - Executive Director of Domestic Violence Programs Sentenced to Prison for Embezzling Department of Justice Grant Funds

Toni Louise Plummer-Alvernaz (Plummer) was sentenced to one year in prison, $246,024 in restitution, and a $100 special assessment. The sentencing occurred on July 14, 2017, before U.S. District Chief Judge Dana Christensen, in Great Falls, Montana.
<... More...
   $0 (07-24-2017 - MT)

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