5:11-cv-05084
D.S.D.Apr 16, 2013Background
- Jacobs pled guilty to assault with a dangerous weapon under 18 U.S.C. §§ 113(a)(3) & 1153 and was sentenced to 36 months with 3 years of supervised release plus a $100 special assessment.
- On direct appeal, Jacobs challenged federal subject-matter jurisdiction based on Fort Laramie Treaty prerequisites; the Eighth Circuit affirmed.
- Jacobs filed a 2255 motion arguing that tribal convictions and the Fifth Amendment barred federal prosecution under §1152/§1153, and that he received ineffective assistance of counsel.
- The government argued Major Crimes Act §1153 provides exclusive federal jurisdiction for certain Indian-country offenses; the court analyzed Wheeler, Lara, and Antelope to address double jeopardy.
- The court denied the 2255 motion on the merits, concluding no double jeopardy bar and no ineffective-assistance grounds, and dismissed with prejudice; no certificate of appealability issued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy bar under §1153? | Jacobs contends tribal conviction bars federal prosecution. | Government posits separate sovereigns allow both prosecutions. | Not barred; dual prosecutions permitted. |
| Ineffective assistance for not raising double jeopardy? | Counsel failed to raise the double jeopardy issue. | Counsel's performance was not deficient for this settled law. | Counsel not deficient; no prejudice. |
| Effect of not informing trial options? | Plea counsel failed to inform consequences of pleading guilty. | Record shows thorough colloquy; informed decisions. | No ineffective-assistance; plea valid. |
| Timeliness of §2255 motion? | Motion timely under §2255(f). | Felt timely under finality rules. | Timely filed under 28 U.S.C. § 2255(f). |
Key Cases Cited
- United States v. Wheeler, 435 F.3d 313 (1978) (tribal sovereignty and internal self-government retained; tribal courts handle internal offenses)
- United States v. Lara, 541 U.S. 193 (2004) (double jeopardy not bar for discrete federal offense after tribal conviction)
- United States v. Antelope, 548 F.3d 1155 (2008) (tribal and federal prosecutions permitted for major offenses under §1153)
- United States v. Hernandez, 436 F.3d 851 (2006) (timeliness/finality considerations for §2255 motions in the Eighth Circuit)