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102705P.pdf 05/02/2011 United States v. Wesley Jacobs
U.S. Court of Appeals Case No: 10-2705
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Riley, Author, with Wollman and Bye, Circuit Judges]
Criminal case - Criminal law and sentencing. Argument that the
government's failure to comply with the provisions of the Fort Laramie
Treaty deprived the district court of criminal jurisdiction rejected; even
if Articles I and V of the treaty could reasonably be construed as
establishing a jurisdictional requirement at the time the Treaty was
executed, Congress's subsequent grant of citizenship to the Indians
makes them subject to all restrictions to which any citizen is subject and is
evidence of a clear indication to abrogate any contrary treaty provisions.