U.S. v. Guassac

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CARLOS REUBERN GUASSAC…

Court: United States Court of Appeals, Ninth Circuit

Date published: Mar 2, 1999

169 F.3d 1188 (9th Cir. 1999)

Opinion

Nos. 98-50035, 98-50051

Argued and Submitted December 8, 1998 — Pasadena, California

Decided March 2, 1999

COUNSEL

Keith H. Rutman, San Diego, California, for defendant-appellant Guassac.

Ben L. Coleman, Federal Defenders, San Diego, California, for defendant-appellant Necochea.

Peter A. Fransden, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Appeals from the United States District Court for the Southern District of California Judith N. Keep, Chief District Judge, Presiding D.C. Nos. CR-97-01225-001-K, CR-97-01225-002-K.

Before: Alex Kozinski and Diarmuid F. O'Scannlain, Circuit Judges, and Charles C. Lovell¹, District Judge.

1 The Honorable Charles C. Lovell, United States District Judge for the District of Montana, sitting by designation.

OPINION

[2] PER CURIAM

Appellants contend that the Mesa Grande Band of Mission Indians is not an "Indian Tribal Organization" within the meaning of 18 U.S.C. § 1163 and, therefore, that we must reverse their conviction because the district court lacked jurisdiction over them. The Tenth Circuit rejected a similar claim in United States v. Palmer, 766 F.2d 1441 (10th Cir. 1985). We agree with their reasoning and conclude that "federal criminal statutes are applicable uniformly to all tribes within the jurisdiction of Congress." Id. at 1444. Accordingly, this case was properly brought under 18 U.S.C. § 1163.

AFFIRMED.