Legal Opinion

West v. United States

District Court, E.D. Oklahoma

Decided January 29, 2020No. 6:19-cv-00075Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, Plaintiff/Respondent, v. Case No. CIV-19-075-RAW (Underlying Case No. CR-17-038-RAW) JAMES MICHAEL WEST, Defendant/Petitioner. ORDER Before the court is Petitioner James Michael West’s “Motion to Vacate Judgment and Sentence Pursuant to 28 U.S.C. § 2255” [Docket No. 1].1 Petitioner argues that this court lacks jurisdiction because the Indictment failed to include allegations under

18 U.S.C. §§ 1151-1153

and failed to acknowledge his Indian status and the location of his offense as “Indian…

2Cases cited7 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. United States v. HahnCourt of Appeals for the Tenth Circuit · 2004
  3. Carlisle v. United StatesSupreme Court of the United States · 1996
  4. United States v. PinsonCourt of Appeals for the Tenth Circuit · 2009
  5. Federal Power Commission v. Tuscarora Indian NationSupreme Court of the United States · 1960

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