UNITED STATES v. McGIRT

No. 21-7048.

71 F.4th 755 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Jimcy MCGIRT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED June 20, 2023.


Attorney(s) appearing for the Case

Josh Lee , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

Linda A. Epperley , Assistant United States Attorney ( Christopher J. Wilson , United States Attorney, with her on the brief), Office of the United States Attorney, Muskogee, Oklahoma, for Plaintiff-Appellee.

Before HARTZ, KELLY, and MORITZ, Circuit Judges.


In July 2020 the United States Supreme Court held that extensive lands in Oklahoma are reserved to the Creek Nation and must be treated as Indian country. See McGirt v. Oklahoma, ___ U.S. ___, 140 S.Ct. 2452, 2482, 207 L.Ed.2d 985 (2020). The prevailing party in that case was Jimcy McGirt, an enrolled member of the Seminole...

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