United States v. LaBuff
2011 U.S. App. LEXIS 20722
9th Cir.2011Background
- LaBuff was charged with robbery and aiding and abetting robbery in Indian country under 18 U.S.C. §§ 1153(a) and 2111 and convicted by a jury.
- The government must prove both a sufficient degree of Indian blood and tribal or government recognition as an Indian to convict under § 1153.
- LaBuff was born to a white mother and an enrolled Blackfeet father; he is 5/32 Blackfeet and 1/16 Cree.
- LaBuff is not an enrolled member of any tribe but is a descendant of a Blackfeet member and resides on the Blackfeet Reservation.
- He has received benefits and healthcare at the Blackfeet Community Hospital, a facility operated by the federal government, since 1979.
- LaBuff lived on the reservation his entire life, attended a reservation public school, and had limited tribal activity participation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LaBuff is an Indian for § 1153 purposes | Government argues Bruce factors show recognition as Indian. | LaBuff argues insufficient evidence of tribal or government recognition. | Yes; evidence supports Indian status under § 1153. |
Key Cases Cited
- United States v. Bruce, 394 F.3d 1215 (9th Cir. 2005) (four Bruce factors govern recognition as Indian)
- United States v. Maggi, 598 F.3d 1073 (9th Cir. 2010) (reaffirms interpretive framework for Indian status under § 1153)
- United States v. Cruz, 554 F.3d 840 (9th Cir. 2009) (receipt of benefits reserved to Indians supports recognition)
- United States v. Antelope, 430 U.S. 641 (1977) (enrollment not strictly required; residence and relations matter)
- United States v. Broncheau, 597 F.2d 1260 (9th Cir. 1979) (enrollment not absolute determinant of Indian status)