United States v. Errol D., Jr., a Juvenile

BETTY B. FLETCHER, Circuit Judge.

Errol D., a juvenile and a member of the Fort Peck Tribe, appeals his delinquency adjudication and sentence for burglarizing the Bureau of Indian Affairs (“BIA”) facili*1161ties management building on the Fort Peck Indian Reservation. We hold that the criminal statute under which he was charged-the Indian Major Crimes Act (“MCA”) (codified at 18 U.S.C. § 1153)-does not give jurisdiction to the federal government to prosecute him, nor does it accord the district court jurisdiction to adjudge him delinquent. Accordingly, we vacate Errol D.’s delinquency adjudication…