CASE ANALYSIS

United States v. First, 731 F.3d 998 (9th Cir. 2013).

In United States v. First,  the Ninth Circuit Court of Appeals reversed the United States District Court for the District of Montana's dismissal of the government's indictment of Lakota Thomas First for misdemeanor firearms possession.   The Ninth Circuit held that misdemeanor convictions obtained in tribal courts may qualify as predicate offenses to a prosecution under 18 U.S.C.

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Muwekma Ohlone Tribe v. Salazar, No. 11-5328, 2013 WL 765009 (D.C. Cir. March 1, 2013).

In Muwekma Ohlone Tribe v. Salazar, the United States Court of Appeals for the District of Columbia Circuit denied the Muwekma's petition to order the Secretary of the Interior to recognize it as an Indian tribe. This case is significant because the Muwekma were previously a federally recognized Indian tribe, but, unlike other similarly situated tribes, they were not allowed to enjoy a summary process to re-attain recognition.

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