United States v. Jacobs
2011 U.S. App. LEXIS 8922
8th Cir.2011Background
- Jacobs, an enrolled member of the Oglala Sioux Tribe, pled guilty to assault with a dangerous weapon in Indian Country under 18 U.S.C. §§ 113(a)(3) and 1153.
- The district court sentenced Jacobs to 36 months' imprisonment followed by 3 years of supervised release.
- Jacobs appeals claiming federal jurisdiction under the Major Crimes Act was not properly triggered absent compliance with Articles I and V of the Fort Laramie Treaty.
- Jacobs contends the treaty prerequisites—an agent investigation, written findings, and a Commissioner’s decision—are required before federal criminal jurisdiction attaches.
- The government contends Congress intended full implementation of federal criminal jurisdiction despite treaty provisions, and treaty requirements do not bar MCA prosecutions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fort Laramie prerequisites are jurisdictional requirements for MCA prosecutions | Jacobs argues treaty steps are needed | Jacobs's interpretation is inconsistent with Congress's intent | No; treaty prerequisites are not required for MCA jurisdiction |
Key Cases Cited
- United States v. Drapeau, 414 F.3d 869 (8th Cir. 2005) (treaty prerequisites not required for jurisdiction; Congress abrogated treaty limits)
- United States v. Kane, 537 F.2d 310 (8th Cir. 1976) (Congress intended full implementation of MCA jurisdiction despite treaty provisions)
- United States v. Consol. Wounded Knee Cases, 389 F.Supp. 235 (D.Neb. 1975) (district court discussion cited approvingly on treaty-Jurisdiction relationship)