All lands within exterior boundaries of Pueblo land grant to which Pueblo hold title are Indian country for federal criminal jurisdiction
JURISDICTION United States v. Arrieta, No. 04-2350, ___ F.3d ___ (10th Cir. Feb. 7, 2005)(New Mexico). Appeal of district court’s denial of motion to dismiss indictment for lack of subject matter for assault against Indian that resulted in serious bodily injury in Indian country in violation of 18 U.S.C. §§ 113(a)(6) and 1152, and for using firearm to facilitate crime of violence in violation of 18 U.S.C. § 924(c). HELD: All lands within exterior boundaries of Pueblo land grant, to which Pueblo hold title, are Indian country within meaning of 18 U.S.C. § 1151. Therefore, district court properly exercised jurisdiction over defendant’s crime where crime was committed on piece of highway within exterior boundaries of Pueblo land grant to which Pueblo held title despite facts that highway was built and maintained by State and bounded on both sides by non-Pueblo lands. Read the opinion here. |
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