143888P.pdf   01/15/2016  United States  v.  Justin Janis
   U.S. Court of Appeals Case No:  14-3888
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Gruender, Author, with Wollman and Bye, Circuit Judges] 
   Criminal case - Criminal law. Pursuant to the "638 contract" between the 
   Oglala Sioux Tribe and the Bureau of Indian Affairs, the Tribe's public 
   safety officers were federal officers for purposes of an assault 
   prosecution under 18 U.S.C. Sec. 111; however, the court erred in 
   instructing the jury that the officer who was assaulted was a federal 
   officer as a matter of law as this court's precedents establish the jury 
   must determine whether a particular victim was employed as an officer of 
   the department; here, the evidence, as well as defendant's stipulation, 
   established that the victim was in fact a Tribal public safety officer 
   and, therefore, a federal officer, and the error was harmless beyond a 
   reasonable doubt.