113718P.pdf   10/02/2012  United States  v.  Joseph Joshua Jackson
   U.S. Court of Appeals Case No:  11-3718
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Loken, Author, with Beam, Circuit Judge, and Perry,
   District Judge]
   Criminal Case - Indian Country. District court's determination as a
   matter of law that offense occurred on privately owned land but within
   Indian country was based on a record consisting of little more than the
   statute's text and was prejudicial error. Section 1 and Section 5 of the
   1905 Act do not provide clear and plain evidence of congressional intent
   to diminish the Red Lake Reservation's boundaries by the grant of
   Reservation acreage to expand the railroad's terminal facilities, but the
   district court did not consider whether diminishment extended to land
   beyond the minimum needed for a railroad's right of way. Thus the
   district court erred in precluding Jackson's Indian country defense and he
   should be granted an opportunity to withdraw his guilty plea consistent
   with his conditional plea agreement.