Block on Trump's Asylum Ban Upheld by Supreme Court
Defendant's conviction for assault resulting in serious bodily injury in Indian country is affirmed where: 1) the district court properly submitted the issue of defendant's Indian status to the jury as an element of 18 U.S.C. section 1153(a); 2) the district court's instructions on defendant's Indian status were not an abuse of discretion; 3) sufficient evidence supported the jury's finding that defendant was an Indian for purposes of the section 1153(a) offense; 4) the instructions as a whole did not constructively amend the indictment by permitting the jury to convict defendant of an uncharged offense; and 5) the district court properly enhanced defendant's sentence as a career offender.
Submitted: June 11, 2009
Filed: September 22, 2009
Opinion by Judge Loken
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Sign into your Legal Forms and Services account to manage your estate planning documents.Sign In
Create an account allows to take advantage of these benefits: