indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit reverses conviction in Indian status case
Wednesday, February 11, 2009
Filed Under: Law

A man with 22 percent Indian blood cannot be prosecuted in federal court because he is not a recognized tribal member, the 9th Circuit Court of Appeals ruled on Tuesday.

Christopher Cruz was convicted of assault resulting in serious bodily injury for an incident that occurred on the Blackfeet Nation in Montana. But since he does not meet the definition of "Indian" under federal law, the 9th Circuit said he shouldn't have been tried in federal court.

As a result, Cruz won't face prosecution in state court either due to double jeopardy. The U.S. Attorney in Montana said appeals are possible.

At issue in the case was whether Cruz met the Bruce test that was laid out in a prior 9th Circuit decision. The court noted that he possessed a significant degree of Indian blood, the first factor.

But the 9th Circuit said Cruz didn't meet the second factor -- whether he has tribal or federal government recognition as an Indian. Though he qualifies for certain benefits as a Blackfeet descendant, the court noted he didn't take advantage of them and only lived on the reservation for a brief portion of his life.

Cruz, now 21, was sentenced in October 2007 to three years and nine months in prison.

Get the Story:
Court says Browningman not an Indian, aquits him (The Great Falls Tribune 2/11)
Court acquits man because he isn't an Indian (The Los Angeles Times 2/11)
Ninth Circuit: Man Not ‘Indian’ Enough for Assault-by-Indian Conviction (Metropolitan News-Enterprise 2/11)

9th Circuit Decision:
US v. Cruz (February 10, 2009)

Related Stories:
Murder trial stalled due to 'Indian' status issue (10/6)



Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tim Giago: Remember the victims of massacre at Wounded Knee (12/22)
Native Sun News: Cheyenne River Sioux teen serves as role model (12/22)
Harlan McKosato: It's time to bring Jim Thorpe home to Oklahoma (12/22)
Opinion: A solution for the Washington NFL team's racist mascot (12/22)
Oneida Nation plans to open $20M 'Wizard of Oz'-themed casino (12/22)
Bill to stop Tohono O'odham Nation casino fails to clear Congress (12/22)
Opinion: Tribal and state governments should get out of casinos (12/22)
Editorial: Expansion of gaming pushed as quick fix for New York (12/22)
Native Sun News: Pine Ridge's David Michaud wins fighting match (12/19)
Mark Trahant: Old school budgets a better deal for Indian Country (12/19)
Ruth Hopkins: Boycott a repeat offender of cultural appropriation (12/19)
8th Circuit sides with Omaha Tribe in reservation boundary case (12/19)
BIA finalizes rule to add Alaska tribes to land-into-trust process (12/19)
Obama signs measure to extend VAWA tribal provision to Alaska (12/19)
Wyandotte Nation set to break ground on $1.4M cultural center (12/19)
Man from Standing Rock Sioux Tribe charged for cousin's murder (12/19)
Opponents of Cowlitz Tribe plan appeal of gaming land decision (12/19)
Menominee Nation off-reservation casino supporters hold rally (12/19)
Bear River Band hires tribal member as casino general manager (12/19)
Column: Poarch Creek gaming is only thing working in Alabama (12/19)
Column: Wait for decision on Mashpee Wampanoag Tribe casino (12/19)
Native Sun News: Oglala Sioux Tribe inaugurates new leadership (12/18)
Walt Lamar: Cooperation helps address crime in Indian Country (12/18)
Brandon Ecoffey: Tournament shows hope of the Lakota people (12/18)
Editorial: Showing caution for marijuana sales in Indian Country (12/18)
Editorial: New York governor makes right call to outlaw fracking (12/18)
Fines for foes of Tohono O'odham Nation off-reservation casino (12/18)
New York passes over tribes for first commercial casino licenses (12/18)
Factions of Cayuga Nation in court over Class II gaming facility (12/18)
Deadline extended for commercial casino eyed by Quapaw Tribe (12/18)
Opinion: Another casino isn't answer to Connecticut's problems (12/18)
Native Sun News: Youth take on lead role in Dakota memorial ride (12/17)
Mark Trahant: NCAI launches new campaign against racist mascot (12/17)
Norm DeWeaver: Job market is a disaster zone in Indian Country (12/17)
Amanda Blackhorse: Fake chiefs and fake headdresses must go (12/17)
DOI makes $9M in buy-back offers on Coeur d'Alene Reservation (12/17)
Shoshone-Bannock Tribes see success with two bills in Congress (12/17)
Boyd Cothran: Torture justified by treatment of Indian prisoners (12/17)
Rep. Gosar faces criticism over bill that benefits Hualapai Tribe (12/17)
Navajo Nation's highest court dismisses challenge to candidate (12/17)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.