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FILED NOT FOR PUBLICATION NOV 01 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-30108 Plaintiff-Appellant, D.C. No. 1:14-cr-00020-SPW v. MEMORANDUM* RODNEY TOMMIE STEWART, Defendant-Appellee. Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Submitted October 25, 2016** Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges. The government appeals from the district court’s order granting Rodney Tommie Stewart’s motion to dismiss his indictment for domestic assault 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 Stewart’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 Stewart’s indictment and remand for further proceedings. REVERSED and REMANDED. 2 14-30108
Document Info
Docket Number: 14-30108
Citation Numbers: 670 F. App'x 465
Filed Date: 11/1/2016
Precedential Status: Non-Precedential
Modified Date: 1/13/2023