United States v. Christopher Patrick Cruz
United States Court of Appeals for the Ninth Circuit
554 F.3d 840 (2009)
- Written by Carolyn Strutton, JD
Facts
Christopher Cruz (defendant) was 22 percent Blackfeet Indian. Cruz had lived on the Blackfeet Reservation for a few years as a child and had recently moved back to stay in a motel on the reservation. Cruz was not entitled to be enrolled as a tribal member based on his percentage of Blackfeet blood but was accorded descendant status by the tribe and was therefore entitled to some tribal benefits. Cruz had never taken advantage of these services, however. Shortly after moving back to the reservation, Cruz was standing outside of his motel room when Eudelma White Grass approached him. White Grass was intoxicated, and an altercation between the two began in which White Grass was severely injured. Cruz was charged federally for assault under a federal statute that grants federal jurisdiction over crimes committed by Indians on reservations. Cruz moved for an acquittal, alleging that the prosecution had failed to establish his Indian status. The district court denied the motion. Cruz was convicted and appealed.
Rule of Law
Issue
Holding and Reasoning (Reinhardt, J.)
Dissent (Kozinski, C.J.)
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