U.S. v. CRUZ

No. 07-30384.

554 F.3d 840 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher Patrick CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2009.


Attorney(s) appearing for the Case

Ryan M. Archer, Assistant United States Attorney, United States Attorney's Office for the District of Montana, Helena, MT, for the plaintiff-appellee.

Joseph E. Thaggard, Assistant United States Attorney, United States Attorney's Office for the District of Montana, Helena, MT, for the plaintiff-appellee.

R. Henry Branom Jr., Assistant Federal Defender, Federal Defender for the District of Montana, Great Falls, MT, for the defendant-appellant.

Opinion by Judge REINHARDT; Dissent by Chief Judge KOZINSKI.


REINHARDT, Circuit Judge:

At first glance, there appears to be something odd about a court of law in a diverse nation such as ours deciding whether a specific individual is or is not "an Indian."1 Yet, given the long and complex relationship between the government of the United States and the sovereign tribal nations within its borders, the criminal jurisdiction of the federal government often turns on precisely this question—whether...

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