U.S. v. Weaselhead, 97-4397
| Decision Date | 29 January 1999 |
| Docket Number | No. 97-4397,97-4397 |
| Citation | 165 F.3d 1209 |
| Parties | UNITED STATES of America, Appellee, v. Robert Lee WEASELHEAD, Jr., Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Before: BOWMAN, Chief Judge, McMILLIAN, RICHARD S. ARNOLD, FAGG, WOLLMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, En Banc.
Prior report: 156 F.3d 818
Chief Judge Bowman, Judge Richard S. Arnold, Judge Fagg, Judge Morris S. Arnold, and Judge Murphy would affirm the order of the district court rejecting Weaselhead's claim of double jeopardy and denying his motion to dismiss Count III of the superseding indictment. Judge McMillian, Judge Wollman, Judge Beam, Judge Loken, and Judge Hansen would reverse that order.
By the vote of an equally divided Court, the order of the district court is affirmed.
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11 cases
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U.S. v. Archambault, CR 00-30089.
... ... Weaselhead, 165 F.3d at 1209. The opinion of the district court, United States v. Weaselhead, 36 F.Supp.2d ... ...
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U.S. v. Lara, 01-3695.
... ... 2309, 124 L.Ed.2d 606 (1993) ... In United States v. Weaselhead, 156 F.3d 818 (8th Cir.1998), we construed the ICRA amendments in a double jeopardy case factually ... over nonmember Indians as part of their full territorial sovereignty prior to colonization by us or our European predecessors. See Duro, 495 U.S. at 685-86, 110 S.Ct. 2053. The Supreme Court ... ...
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Morris v. Tanner, CV 99-82-M-DWM.
...Enas, at 679. See also United States v. Lara, 324 F.3d 635 (8th Cir.2003), cert. granted (Sept. 30, 2003); United States v. Weaselhead, 165 F.3d 1209 (8th Cir.1999). Defendant claims that Enas disposes of Morris' first and fourth claims. Defendant's second major argument is that the tribal ......
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U.S. v. Archambault, CR 00-30089.
...a recommittal (Doc. 45). One basis for the recommendation to deny the motion was the Eighth Circuit's en banc decision in United States v. Weaselhead, 165 F.3d at 1209. The opinion of the district court, United States v. Weaselhead, 36 F.Supp.2d 908 (D.Neb.1997), was affirmed by an equally ......
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2 books & journal articles
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"A TRAVESTY OF A MOCKERY OF A SHAM": THE FEDERAL TRUST DUTY AND INDIAN SELF-DETERMINATION
...see also, United States v. Weaselhead, 156 F.3d 818 (8th Cir. 1998), vacated and affirming district court by an equally divided court, 165 F.3d 1209 (8th Cir. 1999) (en banc). "Because we say we have a government of laws and not men, we hold our government to be limited and to have no unlim......
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Dispelling the Constitutional Creation Myth of Tribal Sovereignty, United States v. Weaselhead
...reh'g granted and opinion vacated, 1998 U.S. App. LEXIS 30874, at *1 (8th Cir. Dec. 4, 1998), aff'd by an equally divided Court, 165 F.3d 1209 (8th Cir. 1999) (en banc) (per curiam) (mem.) (affirming the district court's decision), petition for cert. filed (Apr. 29, 1999). 2. MERWYN S. GARB......