Appeals court orders acquittal of juvenile over 'Indian' status

Wednesday, April 10, 2013  

The 9th Circuit Court of Appeals on Tuesday ordered the acquittal of a juvenile because federal prosecutors failed to prove his "Indian" status.

The juvenile, identified by the initials PMB, was convicted of two counts of aggravated sexual abuse in Indian Country. However, the 9th Circuit said prosecutors never showed that he was a member of a federally recognized tribe, an essential element to be charged under the Major Crimes Act.

"Though PMB’s sister testified that she is an enrolled member of the Navajo Nation Indian Tribe and that she lived with PMB and their parents on the Navajo Nation Indian Reservation, this does not constitute evidence of federal recognition," the unpublished decision stated.

The decision is the third this year from the 9th Circuit in which the court said federal prosecutors haven't provided evidence of a defendant's "Indian" status.

9th Circuit Decision:
US v. PMB, Juvenile Male (April 9, 2013)

9th Circuit rules tribal document isn't proof of 'Indian' status (03/18)
9th Circuit reverses conviction over Indian status of defendant (1/21)