Leroy Clifford Standing Bear, Also Known as Clifford Leroy Standing Bear v. United States

Eighth Circuit

Leroy Clifford Standing Bear, Also Known as Clifford Leroy Standing Bear v. United States

68 F.3d 271, 1995 U.S. App. LEXIS 29689, 1995 WL 615369

CourtCourt of Appeals for the Eighth Circuit

DecidedOctober 20, 1995

Docket95-1878

StatusPublished

Cited by14 cases

This text of 68 F.3d 271 (Leroy Clifford Standing Bear, Also Known as Clifford Leroy Standing Bear v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Leroy Clifford Standing Bear, Also Known as Clifford Leroy Standing Bear v. United States, 68 F.3d 271, 1995 U.S. App. LEXIS 29689, 1995 WL 615369 (8th Cir. 1995).

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Opinion

PER CURIAM.

In 1993, Leroy Clifford Standing Bear was sentenced after pleading guilty to second degree murder within Indian country, a violation of 18 U.S.C. §§ 1153 and 1111 (1988), and use of a firearm in the commission of a crime of violence, a violation of 18 U.S.C. § 924(c)(1) (Supp. V 1993). In 1995, he filed a motion asking the District Court 1 to vacate his § 924(c)(1) conviction, on the ground that the jurisdiction conferred by 18 U.S.C. § 1153 over crimes occurring within Indian country does not extend to the firearm offense. The District Court summarily dismissed the motion, treating it as one under 28 U.S.C. § 2255 (1988 & Supp. V 1993). Standing Bear appeals.

We will affirm the summary dismissal of a § 2255 motion without an evidentiary hearing only if, upon de novo review, we are persuaded that the motion and “the files and records of the case conclusively show that [the prisoner] is entitled to no relief.” Holloway v. United States, 960 F.2d 1348, 1351 (8th Cir.1992) (quoting 28 U.S.C. § 2255). We conclude that Standing Bear was not entitled to § 2255 relief, because § 1153 conferred jurisdiction over the underlying felony of murder. See 18 U.S.C. § 1153 (creating jurisdiction over specifically enumerated crimes occurring within Indian country, including murder); United States v. Goodface, 835 F.2d 1233, 1238 (8th Cir.1987) (affirming defendant’s conviction under § 924(c) where § 1153 created jurisdiction for underlying felony of assault with dangerous weapon).

We do not address Standing Bear’s arguments concerning the constitutionality of section 924(c)(1), which he raises for the first time on appeal. See Tramp v. United States, 978 F.2d 1055, 1056 (8th Cir.1992) (per curiam); Norwest Bank Neb., N.A. v. W.R. Grace & Co. — Conn., 960 F.2d 754, 757 (8th Cir.1992).

Accordingly, we affirm the decision of the District Court.

1

. The Honorable Richard H. Battey, Chief Judge, United States District Court for the District of South Dakota.

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PER CURIAM.

In 1993, Leroy Clifford Standing Bear was sentenced after pleading guilty to second degree murder within Indian country, a violation of 18 U.S.C. §§ 1153 and 1111 (1988), and use of a firearm in the commission of a crime of violence, a violation of 18 U.S.C. § 924(c)(1) (Supp. V 1993). In 1995, he filed a motion asking the District Court 1 to vacate his § 924(c)(1) conviction, on the ground that the jurisdiction conferred by 18 U.S.C. § 1153 over crimes occurring within Indian country does not extend to the firearm offense. The District Court summarily dismissed the motion, treating it as one under 28 U.S.C. § 2255 (1988 & Supp. V 1993). Standing Bear appeals.

We will affirm the summary dismissal of a § 2255 motion without an evidentiary hearing only if, upon de novo review, we are persuaded that the motion and “the files and records of the case conclusively show that [the prisoner] is entitled to no relief.” Holloway v. United States, 960 F.2d 1348, 1351 (8th Cir.1992) (quoting 28 U.S.C. § 2255). We conclude that Standing Bear was not entitled to § 2255 relief, because § 1153 conferred jurisdiction over the underlying felony of murder. See 18 U.S.C. § 1153 (creating jurisdiction over specifically enumerated crimes occurring within Indian country, including murder); United States v. Goodface, 835 F.2d 1233, 1238 (8th Cir.1987) (affirming defendant’s conviction under § 924(c) where § 1153 created jurisdiction for underlying felony of assault with dangerous weapon).

We do not address Standing Bear’s arguments concerning the constitutionality of section 924(c)(1), which he raises for the first time on appeal. See Tramp v. United States, 978 F.2d 1055, 1056 (8th Cir.1992) (per curiam); Norwest Bank Neb., N.A. v. W.R. Grace & Co. — Conn., 960 F.2d 754, 757 (8th Cir.1992).

Accordingly, we affirm the decision of the District Court.

1

. The Honorable Richard H. Battey, Chief Judge, United States District Court for the District of South Dakota.

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68 F.3d 271, 1995 U.S. App. LEXIS 29689, 1995 WL 615369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leroy-clifford-standing-bear-also-known-as-clifford-leroy-standing-bear-v-ca8-1995.

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