Legal Opinion

United States v. Velarde

District Court, D. New Mexico

Decided March 1, 1999No. CRIM. 98-0391 JCPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

CONWAY, Chief Judge.

THIS MATTER came on for consideration of the Motion to Quash Subpoenas Served upon the Jicarilla Apache Tribe (“Tribe”) (Doc. 65). The relevant subpoenas are directed to various Tribal officials and were issued by the Court at the request of the Assistant United States Attorney and of the attorney for the criminal defendant in this case. Contrary to the Tribe’s contention, I find that sovereign immunity does not stand as a complete bar to enforcement of the subpoenas.

The Indian Major Crimes Act, 18 U.S.C. § 1153 (“the Act”), provides federal…

2Cases cited11 opinions

  1. United States v. WheelerSupreme Court of the United States · 1978
  2. United States v. AntelopeSupreme Court of the United States · 1977
  3. United States v. Shane Arthur JamesCourt of Appeals for the Ninth Circuit · 1992
  4. Quileute Indian Tribe v. BabbittCourt of Appeals for the Ninth Circuit · 1994
  5. In Re Grand Jury: In Re Ivis Long Visitor, Witness. In Re Angie Long Visitor, Witness. In Re Joanna Ledeaux, WitnessCourt of Appeals for the Eighth Circuit · 1975

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3Cited by6 opinions

  1. Catskill Development, L.L.C. v. Park Place Entertainment Corp.District Court, S.D. New York · 2002
  2. ALLTEL COMMUNICATIONS, LLC v. DeJORDYCourt of Appeals for the Eighth Circuit · 2012
  3. State Ex Rel. Suthers v. Cash Advance & Preferred Cash LoansColorado Court of Appeals · 2008
  4. United States v. Juvenile Male 1District Court, D. Arizona · 2006
  5. United States v. WeyDistrict Court, S.D. New York · 2017

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