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U.S. v. WOOD

No. 03-5188.

386 F.3d 961 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Susan Marie WOOD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 18, 2004.

Attorney(s) appearing for the Case

David E. O'Meilia, United States Attorney, and Melody Noble Nelson, Assistant United States Attorney, Tulsa, OK, for Plaintiff-Appellee.

Jack Marwood Short, Tulsa, OK, for Defendant-Appellant.

Before BRISCOE, BALDOCK, and TYMKOVICH, Circuit Judges.

BALDOCK, Circuit Judge.

The question presented in this appeal is whether the United States Sentencing Guidelines or generally-applicable state sentencing laws apply when a defendant is convicted under the Indian Major Crimes Act (IMCA) where state law defines the elements of the crime and range of punishment. The IMCA, 18 U.S.C. § 1153, provides in relevant part:

(a) Any Indian who commits against the person or property of another Indian or other person...

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