Defendant Not An Indian, So Federal Jurisdiction Correct, Judge Rules

Mealey's (June 10, 2016, 2:37 PM EDT) -- PRESCOTT, Ariz. — A federal magistrate correctly declined to dismiss an assault charge against an Arizona man on the ground that the court had subject matter jurisdiction because the government presented sufficient evidence to prove beyond a reasonable doubt that the defendant is not an Indian under 18 U.S. Code Section 1152, a federal judge ruled June 7 (United States of America v. Julian Ismael Loera, No. 13-cr-08209, D. Ariz.; 2016 U.S. Dist. LEXIS 73920).

(Order available. Document #96-160708-005R.)

Assault On Indian

In February 2013, the...
To view the full article, register now.