United States v. Christopher Kobe Rainbow, 813 F.3d 1097

Late on April 20, 2014, an altercation outside a trailer after leaving a bar resulted in Sophia Bear Stops suffering facial lacerations and a closed-head/blunt trauma injury requiring stitches and hospitalization.
Witnesses (Sophia, Robyn, Robert, Cheyenne) testified that Christopher Rainbow pulled a metal downspout and struck Sophia, and that Jordan joined in the beating after Christopher said, “Let’s kill this little bitch.” One witness (Angelica) gave a conflicting account blaming Robyn.
Christopher and Jordan were charged in federal court with assault with intent to kill, assault with a dangerous weapon, and assault resulting in serious bodily injury under 18 U.S.C. §§ 113, 1153; the government had to prove the defendants were Indians and the crime occurred in Indian country.
Government admitted BIA “Certificate of Degree of Indian Blood” documents and elicited testimony from a BIA official that both defendants were enrolled Standing Rock Sioux Tribe members (tribal enrollment requires one‑fourth Standing Rock blood).
The district court (1) overruled a defense objection to the court’s questioning of the treating ER doctor, (2) refused defense requests for lesser‑included offense instructions, and (3) admitted the BIA certificates; the jury acquitted on intent-to-kill but convicted both defendants on assault with a dangerous weapon and assault resulting in serious bodily injury. Sentences: Christopher 180 months; Jordan 72 months.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of BIA certificates / Confrontation Clause	Gov: certificates are non‑testimonial business records and admissible; BIA official also testified to enrollment	Christopher & Jordan: certificates were testimonial affidavits prepared for trial; Sixth Amendment confrontation violation	Certificates were non‑testimonial business records; admission did not violate Confrontation Clause; enrollment testimony independently proved Indian status
Denial of lesser‑included offense instructions	Gov: not applicable	Christopher/Jordan: evidence supported instructions for simple assault or lesser assault by beating/striking/wounding	Denial not an abuse of discretion; evidence did not permit rational acquittal of greater offense while convicting of lesser, and aiding/abetting liability covers Jordan
District court questioning of ER doctor	Gov: judge’s questions clarified testimony	Defs: court solicited improper expert opinion	No error; court questions merely clarified diagnosis and medical certainty and did not act as advocate
Sufficiency of the evidence (Jordan)	Gov: testimony and enrollment evidence sufficient	Jordan: evidence insufficient to prove Indian status, use of weapon, or participation causing serious injury	Evidence sufficient; prior holdings on aiding and abetting mean Jordan liable even if he did not wield a weapon or his blows alone caused injury

United States v. Stymiest, 581 F.3d 759 (8th Cir.) (defines when person is an "Indian" for §1153)
Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause framework: testimonial evidence requires confrontation)
Melendez‑Diaz v. Massachusetts, 557 U.S. 305 (2009) (affidavits created for prosecution are testimonial)
Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) (lab analyst who performed test must be available for cross‑examination)
United States v. Felix, 996 F.2d 203 (8th Cir.) (group assault: aiding and abetting makes all participants guilty of resulting serious injury)
United States v. Williams, 720 F.3d 674 (8th Cir.) (business‑record analysis distinguishing testimonial evidence)
United States v. Thompson, 686 F.3d 575 (8th Cir.) (records as non‑testimonial business records)
United States v. Pemberton, 405 F.3d 656 (8th Cir.) (enrollment as common evidence of Indian status)
United States v. Diaz, 679 F.3d 1183 (10th Cir.) (tribal membership rules can establish Indian status)