United States v. Sylvester Burnside

DAVID W. WILLIAMS, District Judge:

Sylvester Burnside, an American Indian, pled guilty to a superseding information which charged involuntary sodomy, a violation of the Major Crimes Act, 18 U.S.C. Sec. 1153 and A.R.S. Secs. 13-1406 and 13-1401. The victim was an Indian minor who did not consent to the act. The offense occurred on the Navajo Indian Reservation in the State of Arizona. Burnside appeals the denial of his motion to dismiss upon the ground that the federal district Court lacked jurisdiction over the offense charged. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291.

This appeal…