UNITED STATES v. SIMPKINS

No. 22-7048.

90 F.4th 1312 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Montelito Sanchez SIMPKINS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED January 24, 2024.


Attorney(s) appearing for the Case

Nicole Dawn Herron , Research and Writing Specialist ( Scott Graham , Federal Public Defender; Douglas G. Smith, II , Assistant Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, Muskogee, Oklahoma, for Defendant-Appellant.

Lisa C. Williams , Special Assistant United States Attorney ( Christopher J. Wilson , United States Attorney, with her on the brief), Muskogee, Oklahoma, for Plaintiff-Appellee.

Before MATHESON, PHILLIPS, and MORITZ, Circuit Judges.


A jury convicted Montelito Simpkins of sexually abusing a minor and engaging in abusive sexual contact in Indian country. On appeal, Simpkins argues that the government presented insufficient evidence for a reasonable jury to find that he is not an Indian—an essential element of his offenses under the Indian Country...

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