The 9th Circuit Court of
has agreed to reconsider two decisions involving the "Indian" status of criminal defendants.
In US v. Zepeda, the court held that a "certificate of enrollment" from the Gila River Indian Community
proof of a defendant's "Indian" status under the Major
Similarly, in US v. Alvirez, the court held that an "unauthenticated" enrollment document from the Colorado River Indian Tribes
The court will be considering an en banc
petition in Zepeda. As a result, the decision in Alvirez was withdrawn on Monday.
Both cases came from Arizona. The outcome of the en banc
petition could settle the issue for the entire 9th Circuit, which also includes tribes in California, Montana, Idaho, Washington, Oregon, Nevada and Alaska.
In a third case, US v. PMB, the 9th Circuit ordered an acquittal for a juvenile who lived on the Navajo Nation
. The court said there was no evidence that showed he was a member of a federally recognized tribe.
Turtle Talk has posted documents from US v. Alvirez
and US v. Zepeda
9th Circuit Decisions:
US v. Alvirez
(April 15, 2013)
v. PMB, Juvenile Male
(April 9, 2013)
(March 14, 2013)
(January 18, 2013)
Appeals court orders
acquittal of juvenile over 'Indian' status
9th Circuit reverses
conviction over Indian status of defendant
9th Circuit ruling reduces
long sentence for 'Indian' defendant
(01/25) 9th Circuit reverses conviction over Indian
status of defendant
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