United States v. William Kirkaldie , 670 F. App'x 452 ( 2016 )

FILED
NOT FOR PUBLICATION NOV 01 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30109
Plaintiff-Appellant, D.C. No. 4:14-cr-00012-BMM
v.
MEMORANDUM*
WILLIAM TAYLER KIRKALDIE,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
The government appeals from the district court’s order granting William
Tayler Kirkaldie’s motion to dismiss his indictment for domestic abuse by a
habitual offender under 18 U.S.C. § 117(a). We have jurisdiction under 28 U.S.C.
§ 1291, and we reverse and remand for further proceedings.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court dismissed the indictment on the ground that the
government could not use Kirkaldie’s uncounseled tribal court convictions to
prove an element of the offense. After the district court’s decision, the Supreme
Court decided that the use of uncounseled tribal court convictions is permissible in
a prosecution under section 117. See United States v. Bryant, 136 S. Ct. 1954,
1966 (2016). We agree with the parties that remand is required under Bryant.
Accordingly, we reverse the district court’s order dismissing Kirkaldie’s
indictment and remand for further proceedings.
REVERSED and REMANDED.
2 14-30109