United States of America v. Wesley Chuck Jacobs

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Submitted: February 16, 2011

Before RILEY, Chief Judge, WOLLMAN and BYE, Circuit Judges.

Wesley Chuck Jacobs, an enrolled member of the Oglala Sioux Tribe, pled guilty, pursuant to a written plea agreement, to assault with a dangerous weapon in Indian Country in violation of 18 U.S.C. §§ 113(a)(3) and 1153. On July 19, 2010, the district court sentenced Jacobs to 36 months imprisonment followed by 3 years *fn1 supervised release. Jacobs appeals his conviction and sentence, arguing the government’s failure to establish compliance with Articles I and V of the Treaty between the United States of America and different Tribes of Sioux Indians, U.S.-Sioux, April 29, 1868, 15 Stat. 635 (hereinafter Fort Laramie Treaty), deprived the district court of subject matter jurisdiction over his criminal case. We disagree and affirm.

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