213722P.pdf   05/03/2023  United States  v.  Wicahpe Milk
   U.S. Court of Appeals Case No:  21-3722
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Kelly, Author, with Wollman and Kobes, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. Federal laws of general 
   jurisdiction apply on Indian reservations, even to crimes committed by an 
   Indian person against another Indian person, and the district court had 
   jurisdiction over the defendant's drug, firearm and obstruction-of-justice 
   offenses; argument that prosecution was barred by the Fort Laramie Treaty 
   is foreclosed by Eighth Circuit precedents; evidence seized during a 
   traffic stop was admissible as the stop was based on traffic offenses 
   observed by the arresting officer; the warrantless search of defendant's 
   vehicle was warranted by the smell of marijuana emanating from the car; 
   suppression of documents seized from defendant's cell was a sufficient 
   remedy for the improper seizure of attorney-client privileged information 
   and work product, and the district court did not abuse its discretion in 
   rejecting his request for dismissal of the indictment; at his arrest, 
   defendant was taken into state custody and Rule 5(a) did not apply until 
   he was taken into federal custody; there was no Rule 5(a) violation, as he 
   made his initial appearance on the date of the transfer of custody; no 
   error in denying defendant's motion for a bill of particulars on his 
   conspiracy charge as the information in the indictment was sufficient to 
   inform him of the basis for the charge; no error in denying motion to 
   sever the charges; the federal obstruction-of-justice statute does not 
   unconstitutionally impair protected speech and is not unconstitutionally 
   vague; evidence was sufficient to support all the convictions; no error in 
   imposing a two-level enhancement under Guidelines Sec. 2D1.1(b)(12) for 
   maintaining a drug house; in determining defendant's base offense level, 
   the district court correctly calculated the amount of drugs for which 
   defendant was responsible.