Legal Opinion
United States v. Smith
District Court, D. Minnesota
Decided June 1, 1989No. Cr. 6-89-33PublishedCited by 4 opinions
1Opinion of the Court
DEVITT, District Judge.
BACKGROUND
Defendant is charged with assaulting one Arlan Stately with a rake on the Red Lake Indian Reservation on November 3, 1988, in violation of 18 U.S.C. §§ 113(c) & (f) and 18 U.S.C. § 1153. He was arrested by tribal police on November 3, 1988, at approximately 6:30 a.m. He was interviewed at approximately 12:15 p.m. on November 4, 1988, at the Red Lake Law Enforcement Center by FBI Special Agent Richard Nelson.
Defendant moves to suppress the statements he made to Agent Nelson and to have the court declare the Sentencing Guidelines unconstitutional. A hearing was…
2Cases cited13 opinions
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- United States of America, Appellant/cross No. 88-3268 v. Alan Frank, A/K/A A. Roy, Appellee/cross No. 88-3220Court of Appeals for the Third Circuit · 1989
- United States v. Ralph Bear Killer, Jr.Court of Appeals for the Eighth Circuit · 1976
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3Cited by4 opinions
- United States v. Courtney Butler (98-5552) and Julius Retic (98-5554)Court of Appeals for the Sixth Circuit · 2000
- United States v. SenoglesDistrict Court, D. Minnesota · 2008
- United States v. Ronald Desmond ScampiniCourt of Appeals for the Ninth Circuit · 1990
- United States v. Courtney Butler (98-5552) and Julius Retic (98-5554)Court of Appeals for the Sixth Circuit · 2000