Leroy Clifford Standing Bear, Also Known as Clifford Leroy Standing Bear v. United States

In 1993, Leroy Clifford Standing Bear was sentenced after pleading guilty to second degree murder within Indian country, a violation of 18 U.S.C. §§ 1153 and 1111 (1988), and use of a firearm in the commission of a crime of violence, a violation of 18 U.S.C. § 924(c)(1) (Supp. V 1993). In 1995, he filed a motion asking the District Court 1 to vacate his § 924(c)(1) conviction, on the ground that the jurisdiction conferred by 18 U.S.C. § 1153 over crimes occurring within Indian country does not extend to the firearm offense. The District Court summarily dismissed the motion, treating it as one…