U.S. v. BRYANT

No. 12-30177.

769 F.3d 671 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Michael BRYANT, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 30, 2014.


Attorney(s) appearing for the Case

Steven C. Babcock , (argued), Assistant Federal Defender, Jessica L. Weltman , Research Attorney, and Anthony R. Gallagher , Federal Defender, Federal Defenders of Montana, Billings, MT, for Defendant-Appellant.

Leif Johnson (argued), Assistant United States Attorney, Michael W. Cotter , United States Attorney, and Michael S. Shin , Assistant United States Attorney, United States Attorney's Office, Billings, MT, for Plaintiff-Appellee.

Opinion by Judge Paez; Concurrence by Judge Watford.


OPINION

PAEZ, Circuit Judge:

Michael Bryant, Jr., an Indian, was indicted on two counts of domestic assault by a habitual offender, in violation of 18 U.S.C. § 117(a).1 In support of the charges, the government relied on two prior tribal court convictions for domestic abuse. These convictions were uncounseled and at least one resulted in a term of imprisonment. The Sixth Amendment...

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