United States v. Garland Spencer

EUGENE A. WRIGHT, Circuit Judge:

Spencer, a Native American convicted of murder, raises on appeal two issues of first impression. First, does infliction of injuries on a fetus, who is bom alive but dies as a result of those injuries, constitute murder under 18 U.S.C. § 1111? Second, does the Major Crimes Act, granting federal jurisdiction oyer certain crimes between Native Americans, incorporate this inclusive definition of murder? We hold that fetal infanticide is murder within the meaning of both statutes, and affirm the district court’s order denying Spencer’s motion to dismiss his murder…