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151936P.pdf   02/19/2016  United States  v.  Christopher Kobe Rainbow
   U.S. Court of Appeals Case No:  15-1936
                          and No:  15-1937
   U.S. District Court for the District of North Dakota - Bismarck   
[PUBLISHED] [Wollman, Author, with Bright and Loken, Circuit Judges] Criminal case - Criminal law. Admission of certificates prepared by a tribal enrollment clerk certifying defendants' degree of Indian blood did not violate their Sixth Amendment Confrontation Clause rights as the clerk prepared the certificates using records maintained in the ordinary course of business by the Standing Rock Agency, and the BIA routinely issues certificates in the administration of its affairs; additionally, the government elicited testimony from the Standing Rock Sioux Tribe's deputy superintendent for trust services that defendants were enrolled members of the Tribe; no error in denying defendants' requests for lesser-included-offense instructions as the instructions were not supported by the evidence; trial court's questioning of the emergency room doctor who treated the victim merely clarified the doctor's testimony and was not grounds for reversal; evidence was sufficient to convict defendant Jordan of assault with a dangerous weapon and assault resulting in serious bodily injury.