US v. Stymiest, No. 08-3320

Defendant's conviction for assault resulting in serious bodily injury in Indian country is affirmed where: 1) the district court properly submitted the issue of defendant's Indian status to the jury as an element of 18 U.S.C. section 1153(a); 2) the district court's instructions on defendant's Indian status were not an abuse of discretion; 3) sufficient evidence supported the jury's finding that defendant was an Indian for purposes of the section 1153(a) offense; 4) the instructions as a whole did not constructively amend the indictment by permitting the jury to convict defendant of an uncharged offense; and 5) the district court properly enhanced defendant's sentence as a career offender.

Read US v. Stymiest, No. 08-3320

Appellate Information

Submitted: June 11, 2009

Filed: September 22, 2009

Judges

Opinion by Judge Loken