Legal Opinion

St. Cloud v. United States

District Court, D. South Dakota

Decided December 1, 1988No. 87-3023PublishedCited by 47 opinions

1Opinion of the Court

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

Petitioner Richard Norman St. Cloud was indicted on counts of rape under 18 U.S.C. §§ 1153 1 and 2031 2 and oral sodomy under 18 U.S.C. § 1153 and SDCL 22-22-1(1) and 22-22-2. 3 St. Cloud plead guilty in this Court to involuntary sodomy and was sentenced to 25 years imprisonment. 4 St. Cloud has filed under 28 U.S.C. § 2255 a motion in which he argues that this Court lacked jurisdiction to convict him. Specifically, St. Cloud contends that because he is enrolled in a terminated Indian tribe, he is not an “Indian” and thus cannot be tried in…

2Cases cited43 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
  3. United States v. WheelerSupreme Court of the United States · 1978
  4. Keeble v. United StatesSupreme Court of the United States · 1973
  5. Bryan v. Itasca CountySupreme Court of the United States · 1976

38 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. United States v. Violet BruceCourt of Appeals for the Ninth Circuit · 2005
  2. United States v. StymiestCourt of Appeals for the Eighth Circuit · 2009
  3. United States v. CruzCourt of Appeals for the Ninth Circuit · 2009
  4. United States v. Ricco Devon PrentissCourt of Appeals for the Tenth Circuit · 2001
  5. State v. St. CloudSouth Dakota Supreme Court · 1991

42 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API