Negonsott v. Samuels, 507 U.S. 99, 3 (1993)

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102

NEGONSOTT v. SAMUELS

Opinion of the Court

vated battery. Id., at 821-823. We granted certiorari to resolve a conflict between the Courts of Appeals, 505 U. S. 1218 (1992),1 and now affirm.

II

Criminal jurisdiction over offenses committed in "Indian country," 18 U. S. C. § 1151, "is governed by a complex patchwork of federal, state, and tribal law." Duro v. Reina, 495 U. S. 676, 680, n. 1 (1990). The Indian Country Crimes Act, 18 U. S. C. § 1152, extends the general criminal laws of federal maritime and enclave jurisdiction to Indian country, except for those "offenses committed by one Indian against the person or property of another Indian." See F. Cohen, Handbook of Federal Indian Law 288 (1982 ed.). These latter offenses typically are subject to the jurisdiction of the concerned Indian tribe, unless they are among those enumerated in the Indian Major Crimes Act. Originally enacted in 1885, the Indian Major Crimes Act establishes federal jurisdiction over 13 enumerated felonies committed by "[a]ny Indian . . . against the person or property of another Indian or other person . . . within the Indian country." § 1153(a).2 As

1 See Youngbear v. Brewer, 415 F. Supp. 807 (ND Iowa 1976), aff'd, 549 F. 2d 74 (CA8 1977). In Youngbear, the Court of Appeals for the Eighth Circuit upheld a lower court ruling that the State of Iowa lacked jurisdiction to prosecute the Indian defendant under a similarly worded statute conferring jurisdiction on Iowa over offenses committed by or against Indians on certain Indian reservations within the State, see Act of June 30, 1948, ch. 759, 62 Stat. 1161, for conduct punishable as an offense enumerated in the Indian Major Crimes Act, 18 U. S. C. § 1153.

2 The Indian Major Crimes Act provides in full: "(a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnaping, maiming, a felony under chapter 109A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject

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