United States v. Ricky Lee Sands, Muscogee (Creek) Nation and Seminole Nation of Oklahoma Cherokee, Choctaw and Chickasaw Nations, Amici Curiae

PAUL KELLY, Jr., Circuit Judge.

Defendant-appellant Ricky Lee Sands appeals his murder conviction and sentence. His prosecution for this offense has a long history. Mr. Sands and the victim, John Mauldin, are Creek (Muscogee) Indians and the incident occurred on a restricted fee allotment in the territory of the Five Civilized Tribes (which includes the Creeks) in eastern Oklahoma. He was prosecuted in Oklahoma state court for first degree murder, but successfully moved to have the case dismissed for lack of jurisdiction. Mr. Sands argued that the United States had jurisdiction, not Oklahoma.…