United States v. Cavanaugh

ORDER ON MOTION TO DISMISS THE INDICTMENT

RALPH R. ERICKSON, Chief Judge.

Before the Court is Defendant Roman Cavanaugh, Jr.’s motion to dismiss the indictment. Cavanaugh raises three issues: (1) the indictment is fatally defective for failure to list an essential element of the offense; (2) Section 117(a) of Title 18, United States Code, is unconstitutional as it exceeds Congress’s power; and (3) Section 117(a) of Title 18, United States Code, violates the United States Constitution by permitting the use of uncounseled tribal court convictions to be offered as substantive evidence to prove an…