United States v. Zepeda

Supplemental Brief for the National Association of Criminal Defense Lawyers and the Ninth Circuit Federal Public and Community Defenders as Amici Curiae in Support of Defendant-Appellant.

Brief filed: 01/19/2015

Documents

United States v. Zepeda

9th Circuit Court of Appeals; Case No. 10-10131

Prior Decision

Decision below Case No. 2:08-cr-01329-ROS-1 (Hon. Roslyn O. Silver) (D. Ariz.)

Argument(s)

Rogersrequires the government to prove that a section 1153(a) defendant has a blood tie to an Indian tribe. Equal Protection demands that the blood tie be to a federally-recognized tribe – not to a racial group. A naked “blood” tie requirement would violate equal protection principles. An ancestral tie to a federally-recognized tribe is a political affiliation. Overruling Maggi would create a conflict in authority. No court has considered the question posed here—whether the “blood” tie should be political or racial – and concluded, as the government urges, that a mere racial tie is sufficient. The Court should confirm Maggi: Section 1153 requires the government to prove, in part, that a defendant has an ancestral tie to a federally-recognized Indian tribe.

Featured Products

Author(s)

Charles A. Rothfeld, Paul W. Hughes, Michael B. Kimberly, Breanne A. Gilpatrick, Mayer Brown LLP, Washington, DC; David M. Porter, Sacramento, CA.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free