United States v. Terry Lee Hester

CANBY, Circuit Judge:

A jury found Hester guilty of eleven sexually-related crimes all involving Indian pupils at a boarding school on the Navajo Reservation. The Federal Enclaves Act, 18 U.S.C. § 1152, provided the basis for all the convictions. In this appeal, Hester asserts that the district court erred by not dismissing the indictment because it did not allege Hester’s non-Indian status. In addition, Hester argues that an erroneous jury instruction impermissibly shifted the burden of proof concerning his seven child molestation convictions. Finally, he contends that the indictment did not…