United States v. Melvin Joe

TACHA., Circuit Judge.

Melvin Joe, a Native American living on the Navajo Indian Reservation in New Mexico, was convicted of one count of first degree murder (Count I) and one count of second degree murder (Count II) in violation of 18 U.S.C. §§ 1153 and 1111(a). Mr. Joe was sentenced to life imprisonment for Count I and a concurrent term of life imprisonment for Count II. Joe appeals his conviction and sentence. We exercise jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and affirm in part, reverse in part, and remand for resentencing on Count II.

I. Background

A. General Background

Melv…