UNITED STATES of America, Plaintiff-Appellee,
v.
Douglas D. SMITH, Defendant-Appellant.
State of New Mexico; Pueblos of Santa Clara; Acoma; Cochiti; Isleta; Laguna and Zia; and the Zuni Tribe; and the all Pubelo Council of Governors, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
FILED May 7, 2024.
FILED May 7, 2024.
Attorney(s) appearing for the Case
Aric Grant Elsenheimer, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant Douglas Smith.
Tiffany L. Walters, Assistant United States Attorney, Albuquerque, New Mexico (Alexander M. M. Uballez, United States Attorney, with her on the brief), for Plaintiff-Appellee United States of America.
Raúl Torrez, Attorney General, Aletheia V.P. Allen, Solicitor General, Albuquerque, New Mexico, and Ellen Venegas, Assistant Attorney General, Santa Fe, New Mexico, filed an amici brief for the State of New Mexico, on behalf of Plaintiff-Appellee.
Richard W. Hughes and Donna M. Connolly, Rothsten Donatelli LLP, Santa Fe New Mexico, for Pueblos of Santa Clara, Acoma, and Laguna, and All Pueblo Council of Governors; C. Bryant Rogers, VanAmberg, Rogers, Yepa, Abeita Gomez & Wilkinson LLP, Santa Fe, New Mexico, for Pueblo of Cochiti; Lindsay Cutler, Pueblo of Isleta, Isleta, New Mexico, for Pueblo of Isleta; and David C. Mielke, Sonosky, Chambers, Sachse, Mielke & Brownell, LLP, Albuquerque, New Mexico, for Pulebo of Zia and Zuni Tribe, filed an amicus curiae brief on behalf of Plaintiff-Appellee.
Before HARTZ, EBEL, and CARSON, Circuit Judges.
CARSON, Circuit Judge.
Indian Pueblo law is a jigsaw puzzle of statute, precedent, and history with pieces scattered across centuries. Though legitimate queries remain, this Court's precedent instructs us to recognize federal criminal jurisdiction over land owned by non-Indians within the exterior boundaries of a Pueblo. A federal jury convicted...
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