United States v. Rodney Stewart

670 F. App'x 465

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 1, 2016
• Docket: 14-30108
• Status: Unpublished

Opinion

MEMORANDUM **

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.

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, — U.S. -, 136 S.Ct. 1954, 1966, 195 L.Ed.2d 317 (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.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.