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U.S. v. OTHER MEDICINE

No. 09-30020.

596 F.3d 677 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Gus E. OTHER MEDICINE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2010.

Attorney(s) appearing for the Case

William W. Mercer, United States Attorney, and Lori Harper Suek (argued), Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.

Kelly J. Varnes, Hendrickson Law Firm, P.C., Billings, MT, for the defendant-appellant.

Before: RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges, and BARRY TED MOSKOWITZ, District Judge.

FISHER, Circuit Judge:

The Major Crimes Act, 18 U.S.C. § 1153, provides federal jurisdiction for the prosecution of Native Americans for 15 discrete crimes. Defendant-appellant Gus E. Other Medicine was indicted for the severe beating of his nine-year-old step-son and conditionally pled guilty to "felony child abuse," a crime Congress recently added to the Major Crimes Act. Other Medicine challenges the use of state law to define and punish this offense and also...

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