(DOWNLOAD) "United States v. Stymiest" by Federal Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Stymiest
- Author : Federal Circuit U.S. Court of Appeals
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Matthew David Stymiest was indicted for assault resulting in serious bodily injury in Indian country in violation of 18 U.S.C. §Â§ 113(a)(6) and 1153. Stymiest moved to dismiss the indictment for lack of jurisdiction, alleging he is not an Indian. The district court denied the motion, concluding that Indian status is an element of the offense, not a jurisdictional prerequisite. At trial, Stymiests defenses were that he is not an Indian and that he acted in self-defense. The jury found him guilty. The district court sentenced him to 110 months in prison. Stymiest appeals his conviction and sentence, raising three issues relating to Indian status, constructive amendment of the indictment, abuse of discretion in admitting prejudicial evidence, and error in sentencing him as a career offender. We affirm.
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