Legal Opinion
United States v. James Gallaher, Jr.
Court of Appeals for the Ninth Circuit
Decided June 2, 2010No. 09-30193PublishedCited by 2 opinions
1Opinion of the Court
Opinion by Judge FISHER; Dissent by Judge TASHIMA.
ORDER
On May 19, 2010, the parties filed separate motions to modify the opinion. The motions are GRANTED.
The opinion filed May 19, 2010, at slip op. 7141, is WITHDRAWN. A new opinion will be filed concurrently with this order.
OPINION
FISHER, Circuit Judge:
The Federal Death Penalty Act of 1994 conditionally eliminated the death penalty for Native American defendants prosecuted under the Major Crimes Act or the General Crimes Act, subject to the penalty being reinstated by a tribe’s governing body. See 18 U.S.C. § 3598. In 2005, a federal grand…
2Cases cited31 opinions
- Furman v. GeorgiaSupreme Court of the United States · 1972
- United States v. BassSupreme Court of the United States · 1971
- Keeble v. United StatesSupreme Court of the United States · 1973
- White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980
- Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
26 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States v. GallaherCourt of Appeals for the Ninth Circuit · 2010
- United States v. GallaherCourt of Appeals for the Ninth Circuit · 2010