The 9th Circuit Court of Appeals on Tuesday set aside the convictions of two men because they are not "Indian" as defined by federal law

In the first case, Gordon Mann was convicted of aggravated sexual abuse of a minor. The incident occurred on the Blackfeet Nation, in Indian Country.

Mann is a member of the Little Shell Chippewa Tribe of Montana, which is not federally recognized. So the 9th Circuit said he can't be convicted under the Major Crimes Act, which only applies to "Indian" defendants in Indian Country.

"To be considered an Indian under [the Major Crimes Act], the individual must have a sufficient connection to an Indian tribe that is recognized by the federal government," the 9th Circuit said. "Affiliation with a tribe that does not have federal recognition does not suffice."

In the second case, Shane Maggi was convicted of assault with a dangerous weapon and related firearms charges. The incident also occurred on the Blackfeet Nation, in Indian Country.

Maggi is not enrolled in any tribe although he qualifies for certain federal and tribal benefits because his mother is a member of the Blackfeet Nation. But the 9th Circuit said he has not been recognized by either the federal or tribal government as an "Indian."

"When the record is boiled down, the evidence produced by the government to show tribal or government recognition of Maggi as an Indian consists of (a) status as a descendant member of the Blackfeet Tribe; (b) one instance of accessing Indian Health Services; (c) prosecutions in tribal court, without evidence regarding the result of those prosecutions or whether jurisdiction based on Indian status was determined by the court; and (d) testimony based on second-hand knowledge that Maggi participated in some tribal ceremonies," the 9th Circuit said. "This sparse collection does not provide sufficient evidence of any of the factors set out in Bruce."

US v. Bruce is a case from 2005 in which the 9th Circuit developed a two-prong framework to determine whether someone is an "Indian." The first is the presence of some Indian blood indicating tribal ancestry and the second is tribal or government recognition as an Indian.

Both prongs must be satisfied in order for someone to be considered "Indian." The Bruce framework was cited recently in US v. Cruz, in which a man who was 22 percent Indian was not considered "Indian" because he failed to meet both tests.

Get the Story:
Appeals court vacates convictions of 2 non-Indians (Gazette News Service 3/16)

9th Circuit Decision:
US v. Maggi / US v. Mann (March 16, 2010)

Related 9th Circuit Decision:
US v. Cruz (February 10, 2009)

Related Stories:
9th Circuit reverses conviction in Indian status case (2/11)