Legal Opinion
United States v. Stymiest
Court of Appeals for the Eighth Circuit
Decided September 22, 2009No. 08-3320PublishedCited by 66 opinions
1Opinion of the Court
LOEEN, Chief Judge.
Matthew David Stymiest was indicted for assault resulting in serious bodily injury in Indian country in violation of 18 U.S.C. §§ 113(a)(6) and 1153. Stymiest moved to dismiss the indictment for lack of jurisdiction, alleging he is not an Indian. The district court 1 denied the motion, concluding that Indian status is an element of the offense, not a jurisdictional prerequisite. At trial, Stymiest’s defenses were that he is not an Indian and that he acted in self-defense. The jury found him guilty. The district court sentenced him to 110 months in prison. Stymiest appeals…
2Cases cited38 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. CottonSupreme Court of the United States · 2002
- Begay v. United StatesSupreme Court of the United States · 2008
- James v. United StatesSupreme Court of the United States · 2007
33 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- United States v. BryantCourt of Appeals for the Eighth Circuit · 2010
- United States v. Anthony BeardenCourt of Appeals for the Eighth Circuit · 2015
- United States v. LewisCourt of Appeals for the Eighth Circuit · 2010
- United States v. VoiceCourt of Appeals for the Eighth Circuit · 2010
- United States v. ForrestCourt of Appeals for the Eighth Circuit · 2010
61 more not listed; retrieve them via the Exa API.