Legal Opinion

United States v. M.C.

District Court, D. New Mexico

Decided March 24, 2004No. CR-02-219MVPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

VAZQUEZ, Chief Judge.

THIS MATTER comes before the Court on Defendant M.C.’s Motion to Dismiss Indictment for Lack of Jurisdiction, filed May 14, 2002. The Court, having considered the motion, briefs, relevant law and being otherwise fully informed, finds that the motion is well taken and will be GRANTED.

BACKGROUND

The indictment charges Defendant, a juvenile, with second degree murder in violation of 18 U.S.C. § 5031, et seg., § 1153 and § 1111. The alleged offense occurred at the Fort Wingate Indian School (the “School”) in McKinley County, New Mexico. “Fort…

2Cases cited11 opinions

  1. United States v. SandovalSupreme Court of the United States · 1913
  2. United States v. McGowanSupreme Court of the United States · 1938
  3. Alaska v. Native Village of Venetie Tribal GovernmentSupreme Court of the United States · 1998
  4. Pittsburg & Midway Coal Mining Co. v. WatchmanCourt of Appeals for the Tenth Circuit · 1995
  5. HRI, Inc. v. Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 2000

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3Cited by6 opinions

  1. State v. QuintanaNew Mexico Court of Appeals · 2006
  2. State v. Steven B.New Mexico Court of Appeals · 2013
  3. State v. Steven B.New Mexico Supreme Court · 2013
  4. Hydro Resources, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 2009
  5. State v. Steven B.New Mexico Supreme Court · 2015

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