Brian Keith Tony, United States of America NOTICE AND ... · PDF filedue to treaty and...

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

v

Brian Keith Tony PlaintifflPetitioner - Appellant Case No 09-2264

AppellantlPetitioners Opening Brief

United States of America DefendantlRespondent - Appellee

NOTICE AND INSTRUCTIONS

If you proceed on appeal pro se the court will accept a properly completed Form A-12 in lieu of a formal brief This form is intended to guide you in presenting your appellate issues and arguments to the court If you need more space additional pages may be attached A short statement of each issue presented for review should precede your argument Citations to legal authority may also be included This brief should fully set forth all of the arguments that you wish the court to consider in connection with this case

New issues raised for the first time on appeal generally will not be considered An

appeal is not a retrial but rather a review of the proceedings in the district court A copy of the completed form must be served on all opposing counsel and on all unrepresented parties and a proper certificate of service furnished to this court A form certificate is attached

Case 09-2264 Document 01018345076 Date Filed 01082010

APPELLANTIPETITIONERS OPENING BRIEF

1 Statement of the Case (This should be a brief summary of the proceedings in the district court) See Attached Statement of case

2 Statement of Facts Relevant to the Issues Presented for Review 25 USC sect1301-(1-4) Definitions 25 USC sectsect1302 (1-10) Constitutional rights 25 USC sectsect1303 Habeas Corpus 25 USC sectsect1311 (1-4) Model code 25 USC sect1321 Assumption by state of Criminal Jurisdiction 18 USC sect3231 Jurisdiction USConstAmend V USConstAmendXIV (See attached statement of facts)

A-12 AppellantPetitioners Opening Brief - 1199 Page 2

Case 09-2264 Document 01018345076 Date Filed 01082010 Page 2

3 Statement of Issues

a First Issue Ineffective assistance of Counsel Const Amend 6

Argument and Authorities Charles E Knoblauch faiied to argue facts of Navajo Tribal Court Hearing of aquital on assault and battery failing to raise Indian Civil Rights Act and heareay statement of the late Mr James Whitegoat~Sr given by James Whitegoat Jr and Richard Whitegoat Failure to argue and file motion to dismiss at bench and in Judges office conference (See attached breif)

b Secondhsue 18 USC sect3231 is void and does not have jurisdiction due to treaty and statutes in Indian Civil Rights Act of 25 USC sect1308 18 USC sect1162

Argument and Authorities Mr Tony argues that sect3231 is void under Indian Civil Rights Act and jurisdiction is to be in state court or tribal (See attached briefl

A-12 AppellantPetitioners Opening Brief - 1199


4 Do you think the district court applied the wrong law If so what law do you want applied Under public law 280 congress amended the major crimes act and passed some crimes to the state tribal and federal courts and 25 USC sect1301-sect1303 18 USC

5 Did the district court incorrectly decide the facts If so what facts1 Yes the court failed to address the tribal court case on double jeopardy when Mr Tony brought it to the courts attention ~See breif)

6 Did the district court fail to consider important grounds for relief If so what 2rounds Claims that as far as any Due Process concerns and Indian Civil ~ights Act itself guarantees that a defendant in Tribal Court shall not be U[D]eprived bull of liberty without Due Process of law 25 USC sect1302(8)

7 Do you feel that there are any other reasons why the district courts judgment waswrong IfsowhatCourt citing 18 USC sect3231 as to jurisdiction is incorrect due to comity and the Indian Civil Rights Act 25 USC sect1301-sect1303 1990 amendme~tgave thatribal court its power to prosecute some of the crimes under the major crimes act and assimilated crimes act 115111521153 of title 18 USC

8 What action do you want this court to take in your case For the 10th Ci r to grant COA and address Petitioners arguments 1 Title 18 USC sect3231 25 USC sect1301-sect1303 and Title 18 USC sect1162 Ineffectiveness of couynsel double jeopardy and to vacate Mr Tonys sentence

9 Do you think the court should hear oral argument in this case If so why Yes the issues presented is a novel and somewhat com~lex issue that involves treaty rights of 1868 amendment issue of Indian Civil Rights Act of 1990 along with jurisdictional issue

tIb Of - ltXo -LOlO Date

-----

Signature

AN]2 AppellantPetitioners Opening Brief N 199 Page 4


CERTIFICATE OF SERVICE

I hereby certify that on JAtl 0lt0 ~ zo to I sent a copy of (date)

the AppeIlantlPetitioners Opening Brief to Elisabeth A Shumaker Clerk for

The Tenth Cir bull Court of appealsat The Byron White United middotSta tes Courthouse (Opposing Party or Attorney) 1823 Stout Street Denver CO 80257 the last known address by

United States mail or courier

0-00-200 Date

~c--- Signature



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BRIAN KEITH TONY Case No No 09-2264

AppellantDefendant Re 607-CV-OQ950-MVfRHS

v bull

UNITED STATES OF AMERICA AppelleePlaintiff

-------------------------- APPELLANTDEFENDANTS OPENING BRIEF

STATEMENT OF PREFERENCE

Ippllant request this Court to liberally construe this

motion in light of the Supreme Courts ruling in Haines v Kerner

30 LEd 652 (1972) which directs courts to allow prisoners

opportunities to prove the set of facts in support of their clashy

ims which if proven true would entitle him to relief Likewise

~ppellant request that he not be held to the rigors of an attorshy

ney since he is in prison and filing in his own behalY see

Conley v Gibson 46 LEd 2d 80-84 (1957) also Dioguardi v

Durning 139 F3d 744 (2nd Cir 1944)

STATEMENT OF THE CASE

Mr Tony was indicted on Four Counts to wit Count 1 18

USC sect 1153 CRIME ON AN INDIAN RESERVATION 18 USC sect113(a)

(3) ASSAULT WITH A DANGEROUS WEAPON 18 USC sect 2 AIDING AND

ABETTING Count 2 18 USC sect 1153 CRIME ON AN INDIAN RESERshy

VATION 18 USC sect Il3(a)(6) ASSAULT RESULTING IN SERIOUS


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BODILY INJURY Count 3 18 USC sect 2 AIDING AND ABETTING

Count 4 18 USC sect 1153 CRIME ON AN INDIAN RESERVATION

18 USC sect 13 ASSIMILATED CRIMES ACT 30-16-4(c) NASA 1978

AGGRAVATED BURGLARY 18 U~SC sect2 AIDING AND ABETTING

Mr Tony proceeded to trial on December 7 2~04 arid was found

guilty on December 8 2004 of Counts 234 and was acquitted by

District Judge on Count 1 Appellant was sentenced to 120

months for Counts 2 and 3 and 10 months Gonsecut~ve for Count

4 with 36 months of Supervised Release~with special condittplusmnons

and Restitution of $1021055

Appeal 05-2312 was denied and conviction affirmed on Octoher

23 2006 Appellant filed 28 USC 12255 on September 21 2007

[Doc 1] On September 30 2009 nistrcit Judge Dismissed Case

with Prejudice [Doc 17] Appellant appealed Octiober 123

2009 [Doc 19] and on November 1amp 2009 was Ganted Appeal [Doc

24 j bull

ISSUES~OF REVIEW

1 Whether the District Court was without SUBJECT MATTER JURISshyDICTION OVER ALLEGED OFFENSE WHICH DID NOT OCCUR IN INDIAN COUNTRY

2 Whether the District Court erred for not dismissing offense(s)

related to DOUBLE ~EOPARDY


3 of 1L

STATEMENT IN SUPPORT OF REQUEST FOR REVIEW

Appellant-Defendant request that the Court order a full and

complete discovery from the district court to explore all legal

and factual claims made hereto incorporated in the bri~f see

(Exhibit A page 305 lines 3-25) in support of apeJi~nts double

jeopardy claim that later at trial developed into a side bar

discussion~see (Exhibit Band C pg 315 lines 22-25 pg 316

line 12) this discussion was not included in the orginal transshy

cript but is detrimental for exploring the appellants allegat~

ions Thus only through a complete discovery of tape audio and

video will his claim hold its merit and should be review by the

Eourt to address the issues accurately

SUBJECTMATTER AND APPELLATE JURISDICTION

this Court has jurisdiction of the defendants case pursuant

to 28 USC sect 1291 based on the final decision of the district

court in this matter

SUMMARY OF ARGUMENT

ISSUE I The District Court improperly refused to dismiss Appellshy

ants case for lack of subject matter jurisdiction of the alleged

offense that did not occur in Indian Country as stated~in the inshy

dic tmen t

ISSUE II The Appellant was charged with said offense in Tribal

Court and found riot guilty - dual sover~ignty ~omityl~oneernsjin

f~cleirl court should be recognized by Congressibnalintent


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STATEMENT OF FACTS

Appellant-Defendant Brian Keith Tony (hereinafter Tony) was

convicted of 3 counts in a 4 count indictment all relating to the

assualt of Mr and Mrs Whitegoat on May 2 2000

Tony proceeded to trial in the Navajo NatioQ Ttibal Court

on August 18 2001 and was acquitted on the counts of aggravated

battery and found guilty of tr~spass with force and theft see

Exhibit 0 offense(s) WR-CR-through~938-2000 pg 1-3 and Exhibit

E Presentence Report of offense(s) found guilty of - pg 1 of B

On October 17 2003the appellant was indicted for four

counts - Assualt with a dangerous weapon I Aiding and abetting

Assault resulting in serious bodily in~ury I Aiding and abetting

Aiding and abetting Aggravated burglary I Aiding and abetting

WheCindictment stemmed from the May 2 2000 identification

of Mr Tony as one of two suspects who per~rated this offense

Theassualt of Mr and Mrs Whitegoat occurred at their

home in Tsa ya toh New Mexico located in Gallup New Mexico in

Mckinley County

I The District Court improperly refused to dismiss Appellants case for lack of subject matter jurisdiction of the alleged offense that did not occur in Indian euroountry as stated in the indictment

Standard of Review The district courtts factual findings on

motion to suppress are reviewed for clear error and its legal

determinations are reviewed de novo


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It is undisputed that the offense which occurred in the inshy

dictment was located in Tsa ya tohNNew Mexico which is located

in Gallup City and within McKinely county What the appellant

contends in this issue is that the jurisdiction of whieh the

government applied the offense to was erroneous under both 18 USC sect 1151 and sect 1153 for that 1 that Indian Country define by

the ~overnmebt was a misnomer for llstapplicable use under sect 1151

for that it wasn t ~Iudder federal superintendence and occupied

by an Indian community 2 due process p~otocbl was not followed

according to the 1868 treaty and through the rec~izatltion of

Public Law 83-280 67 Stat 588 (1953) showing olconcurrent jurshy

isdic t ion over such rna t ters (ie with the State not Federal)

The government at trial alleged that the offense occurred

in Indian Country see T~anscript of Trial Vol I pg 23 Lines

13-21 Indian Country was filirthet oeftbed by the district court

see (Doc 110] pgl 4 Congress has defined Indian country broadly

to include formal and informal reservation dependent Indian comshy

munities and Indian allotments whether restricted orheld in

trust by the United States Oklahoma Tax Cbmmission v Sac and

Fox Nation 508 US 114 123 (1993)(citing sect 1151)

The appellant had submitted to the district court that

sect1151 was erroneous applied based on the individual Indian Allotshy

ment numbers in comparison to the Residence G60tdinates of the

offense occurrance see [Doc 15] pg 6 The appellant relied

upon Alaska v Native Village of Venetie 522 US 520 140 LEd


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2d 30 118 SCt 948 (1998) First the lands must have been

set aside by the Federal Government for the use of Indian land

This requirement guarantess that the land is actually occupied by

an Indian communityy Id at 531 188 SCt 948 Second the lands

must be under federal superintendence Id at 118527 SCt

948 The latter requirement ensures that the community is depenshy

dent on the federal government such that the federal government-----

and the Indians rather than the States exercise primary jurisshy

diction Id at 531 118 SsCt 948

Whether the residence in question is in fact in Indian

Country is unclear based on the various allotment numbers with~

in the government~s case and chief see Discovery US v Tony

pg 203-204 To say otherwise would 00 ~~reparable harm and

deny Mr Tony of his J)blKamendment right to due process and the

judi~ialtnotice the appellant raise hereto of territorial jurishy

sdiction accordin~ to FedREvid7201(b)

Whether the court finds the residential coordinates applicshy

able to the offense at hand there still remains the utilization

of sect 1153 by the government In 1953 Congress enacted Public

Law 280 ch 505 67 Stat 588 (1953) which conferred upon certshy

ain states known as mandatory states criminal jurisdiction

over offensed committed by or against Indians in identified porshy

tions of Indian country see 18 USC sect 1162 The law providshy

ed that sect 1152 (enclave jurisdicition) and sect 1153 (major crimes

jurisdiction) would not apply to the areas of Indian country idshy

entified in the statue


7 of 11

The civil law provisions of Public Law 280 expressly preshy

serve the legislative authotiijy of tribes where not inconsistent

with applicable statecivil law The wording of the section shows

that its purpQse is to require that such tribal laws b~ recognized

in state courts but nothing in the wording of ei~her the civil

or criminal provision of Public Law 280 or its legislative hisshy

tory precludes concurrent tribal court authority The basic inshy

tent of the criminal law section was to SUbstitute state for fedshy

eral jurisdiction under the Indian Cou~y Crimes Act and the

Indiin Major Crimes Act [Because] these two statutes do not preshy

clude concurrent tribal jurisdiction neither should Public Law

28Q

Thus the federal government had no jurisdiction base on

PubLNo280 enactment they were excluded and theStatewasgiven

criminal jurisdiction over reservation Indian drime~ c6~~itted

witbinL~Thougbthe inquiry does not stop there it is also reshy

quired by the tribal courts to exclude the defendant an exclusion

order via the Indian Civil Right Act see is USC sect~t301 specshy

ifically the ~Bad Man Clause must be emposed prior to States

sole jurisdiction over the criminal offense(s) New Mexico had

gaioegitsconclJrrent jurisdictionaitstatuswith the Navajo Resshy

ervation when they relinquished their exclusive right pursuant

to PubLNo280


8 of 11

Therefore for the federal government to have jurisdiction

within the Navjo Reservation they must allow the Tribal Courts

first to relinguish their jurisdictional right to the State and

likewise the State must relinguish their right to the government

see United States v Jenkins 904 F 2d 548-49 (10tn Cir~ 1990)

These cases and authorites show clearly states that the govshy

ernment claim to jurisdiction are~ot independent of the primary

Tribal Court and State dual_jurisdittional right for criminal

matters and thus the Court should find the district court lacked

jurisdiction in this matter whether withLn or out of the fesershy

vation

II The Appellant was charged with said offense in Tribal Court and found not guilty - dual sovereignty comity concerns in federal court should be recggnized by Congressional intent

Standard of Review Protection from double jeopardy is a

vital safeguard that is fundamental to the American scheme of

justice 1t Violation of double jeopardy is reviewed by the court

de novo

Petitioner is an American Native on the Navajo Reservation

located in Tsa-Ya-Toh New Mexico his membership Census No 613

208

In United States v Lara 158 LEd2d 438-439 Justice

Tomas concurring s ta ted In my view the tribes ei ther are or

are not separate sovereigns and our federal Indian law cases

untenably hold both positions simultaneously


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In response to the Courts decision in Duro v Reina 109

LEd2d 693 (1990) (holding that the tribes lack inherent author~

ity to prosecute nonmember Indains) Congress amended the Indian

Civil Rights Act of 1968 (ICRA) Specifically through this

Duro fix Congress amended ICRA s definition~of the tribes

power of self-government to recognize and affirm the existence

of inherent power~ to exercis~ criminal jurisdicition over all

indians 25 USC sect 1301 (2) Th~re is quite simply no way to inshy

terpret a recogition and affirmatrion of inherent poweras a delegshy

ation of federal power as the Court e~plains Ante at 158 LEd

2d 428 Delegated power is the very antithesis of in~erent power

Grafton v United States 51 LEd 1084 ~1907) Before

a person can be said to have been put in jeopardy of life or limb

the court in which he was acquitted or cOGvicted must have had

jurisdictionto try him for the offense charged

United States v Lara 158 LEd2d 434 consequently the

Tribes prosecution of Lara was federal The ~urrent Second

prosecution is also federal Hence Lara wins his Double je0pardy

clause claim the subject of the present proceeding Laras due

process argument however is significantly different That

argument (if valid) would show that any prosecution of a nonshy

member Indian under the statue is invalid So Laras tribal proshy

secution would be invalid too Showing Laras tribal prosecutshy

ion was invalid however does not show that he source of that


10 of 11

tribal prosecution was federal power (showina that a state proshy

secution violated the Due Process Clause doe not make that proshy

secution federal)

But without that federal power showing Lara cannot win

his double jeopardy claim here Hence we need not ~nd we shall

not consider the merits of Larals d~e~process claim Other deshy

fendants in tribal proceedings r~main free to raise that claim~ shy

should they wish to do so See 25 USC sect 1303 (vesting district

court with jurisdicition over habeas writs fromtrihal courts)

Appl1ant in this case has challenged the action taken8by

the Navajo IDvestigata~I~(for handing over defendant to federal

gOllTe17oment withoet]exha1lJsting first the tribal remedies) as UDshy

lawful uoder bhi Treaty b~tween the Na~jo Tribe and the United

States and under title II of the Indian Civil Rights Act of

1968 under 25 USC sect 1303 (8) Navajo Tribe is prohibited from

depriving any person of liberty or property=wi thouLdlJe process

of law Due Process requires governmental entities to utilize

reasonable means in seeking to achi~ve legitimate ends~

Appellant contends he is still beiog held under Navjo jurishy

sdiction based on the Navajo Investigator haddingsover defendant

to the federal government without pursuing it in tribal forum

thus violation his Indian Civil Rights pursuant to sect 1303 he

likewise contents that since the Navjo had chosen to prosecute

him themselves io tribal court which the 1990 Amendments to the

Indian Civil Rights Act recognize they have the power to do his

conviction in FederalDistrict Court viblated the double jeopardy


-------

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clause see Means v Navajo Nation 432 F3d 924 (9th Cir 2005)

also Wetsit v Stafne 44 F3d 823 (9th Cir 1995)

Application of the dual sovereignty exception to double

jeopardy pri~ciples turns on whether the two entities ~raw their

authority to punish the offender from distinct so~rces of power

see United States V Weaselhead156 F3d 818[820 (8th Cir~ 1998)

The Appellant ask the Cour~to vacate his conviction based

upon the violation of his fifth amendment right pursuant to the

double jeopardy claim hereto in the authorities and amendments

presented

CONCLUSION

Appellant-defendant Tony seeks a reversal of his convictshy

ioni with pr~judice Ea~h opound~the issues raised herein merit

reversal andor remand to the trial court

0lt ZOlODAliC = JAJ shy


No comments Questions

MR TORREZ This will be a question

Q Were you convicte in tribal court then of

the -shy not battery but criminal trespass right

A Yes sir As

Q And you were convicted and you were convicted

for stealing the radio you were convicted of the theft

A Yes sir

Q So you werent -shy you werent -shy its not fair

to tell this jury that you were acquitted because in

fact you were convicted of those charges but you

werent convicted of the battery charge correct

A Yes I was -shy I was acquitted on the charges

if you could go back and look on the court documents

Laverne Johnson acquitted me on all of the charges but

the trespass and theft I even argued that asking her

me on two charges it should be all or none

I cannot find you on the other charges but

to give to you because

And to this day

1

2

15

why she got

18 but she said

19 these other charges were going

20 we dont have nobody else to prosecute

21 there has been nobody else but me to be prosecuted

Q The judge made all those statements

23

24

25

A As well as I -shy I had just got out of prison

for the felon of possession of a firearm It took

Mr Etcitty -shy Thomas Etcitty and Larry Etcitty

Julianne LaBadia RDR CRR CCR Official Court Reporter

(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5

Q And again what color was the Olds

A Cream

Q Its not white

A No sir

Q And what reason if any would you have had tobull hit Mary and James Whitegoat on the head

A I have no reason to do that sir

MR KNOBLAUCH Thankyou

THE COURT All right Thank you very much for

your testimony sir You may step down Do you have any

further witnesses

MR KNOBLAUCH Nothing further your Honor

THE COURT Okay Any rebuttal on behalf of

the Government

MR TORREZ No your Honor but if it pleases

the Court I would move Anderson Sixs tribal testimony

for whatever its worth to the jury under 801(0) (I) (b)

of the Rules of Evidence

THE COURT Excuse me Any objection Does

the Government have anything further

MR TORREZ No your Honor

THE COURT We are going to take a break

ladies and gentlemen All right You need to show me

what part youre talking about if you could please let

me see the exhibit I dont have a copy of any of your


(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy

THE COURT No Your exhibit I can see the

Rule but I dont know what part of the exhibit

MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT

his testimonymiddot is -shy

MR TORREZ

Its subsection 801D -shy

No The exhibit I see the

Im sorry your Honor Im sorry

-- but I dont have your exhibits

Just the portion of Anderson Sixs

Im going to need you at the bench

It starts at page 8

(D) (1) (b) is - shy

What part of his testimony

The prior -shy

I see the rule but what part of

The allegations that he had been

interrogated by Anderson Six he also alleged in his

J testimony that he had asked Anderson Six about the

q earlier incident where he was maced

THE COURT Okay


(505) 992-3829


PCrtZ- t THE NAVAJO NATION v BRIAN KEITH TONY Cause No WR-CR-935-00 Trial Setting March 13 2001

Defendant Yes maam

JUDGE I explained that I was going to give you ample timeto get legal counsel (unintelligible) Navajo Nation are we ready to proceedmiddot

N-NATION-NATTON Jane Nez for the Navajo Nation The Navajo Nation is ready to proceed

runGE Mr Tony are you ready to proceedmiddot

Defendant Yes maam

runGE As you recall initially there was complaints that were filed in this Court The frrst complaint is charging you for an offense in violation ofTitle 17 Section 317 Aggravated BatteC That complaint has stated to this Court that on May 22000 at 330 pm one-fourth mile northwest of Junction (unintelligible) Road in (unintelligible) through Road at rural address 24 (unintelligible) New Mexico You came to Mr James Whitegoat residence you entered the house and forced and hit James Whitegoat two times with closed fists you knocked down the victim and hit James Whitegoat with unknown object You caused the victim to be knocked out unconscious James Whitegoat was hit over the head and received about atwo-inch laceration Db let me see this one As a result the victim was flown out to Albuquerqhe hospital and received serious head injuries and (unintelligible) stitches Thats the complaint that was given to this Court accusing you of aggravated battery you have a second complaint 1)Ilder DR937 Trespass with force This is also from May 2 2000 You came to th6 residence ofJames Whitegoat and Mary Whitegoat an elderly couple You forced yourself into the house without permission You walked up to the door you opened the Screen door and you forced yourself into the house knocked down Mr Yhitegoat and Mary Whitegoat causing serious injury to them You didnt say a word when you entered the house Thats why youre charged with (unintelligible) with force Your third complaint is for aggravated battery also on May 2 2000 at the same location You came to

Page 2


-J THE NAVAJO NATION v BRIAN KEITH TONY Cause No WR-CR-935-00 Trial Setting March 13 2001

JUDGE Judge

N-NATION Ms Jane Nez Navajo Nation

Defendant Brian Keith Tony Defendant -

OFFICER Officer Anderson Six

Mary Mary Whitegoat

James James Whitegoat

JUDGE Under WR-CR-935 through 938-2000 Mr Tony did you receive a --shy ---

copy ofMr Nez letter

Defendant Yes maam Ijust barely got it just when I walked (unintelligible)

JUDGE You remember that the last time when we came to this Court to have a hearing I continued it with the understanding that you gave me information that Mr that you had retained counsel

Defendant Yes maam

JUDGE Mr Nez is who you have retained According to this document which we just received today as well its indicating tLat a letter from Ritchie Nez directed to the family court clerk indicating that he has not been formally retained in this case on February 15

2001 The Defendant s wife name unknown orallyapproached

Mr Nez when he waS serving as a commissioner infalllily court~ She confirmed talking to Mr Nez a month earlier in the month of February and he merely gave her a telephone number On February 15th he asked for a portion of the retainer fee and (unintelligible) amount to be paid within two weeks To date he has not received any retainer fees and the rest of the retainer fee will be paid before the start of trial He has not been paid since and therefore he has not been retained in this case He completes by saying he has not and does not intend to submit any entry of appearance in this proceeding

Page I


ExJfItrampT J) P43 THE NAVAJO NATION v BRIAN KEITH TONY Cause No WRCR-935-00 Trial Setting March 13 2001

Mary Whitegoats residence you entered the house with force you hit Mary Whitegoat over the head with unknown object While the victim was to help her husband to stop you from hitting her husband Mary Whitegoat was knocked out llIlconscious and received about a two and a half inch laceration on the head Victim was flown out to Albuquerque hospital due to serious head injuriesmiddot and received ten stitches The last complaint is for theft and the

---

yiolation ofTitle 17 Section 330 also on May 22000 You entered the residence of James Whitegoat and Mary Whitegoat

with forc~ You took a portable stereo offa nightstand and ran out with it A black portable two-deck tape player (unintelligible) serial number unknown valued at about $150 the Navajo Nation is requesting the amount of$150 to the victim Victim is James and Mary Whitegoat in this proceeding These are the four charaes that

are pending against you Mr Tony Do you understand the four charges

Defendant Yes ma am

JUDGE And back on July 16 2000 you entered a plea of not guilty to these charges are you still pleading notguilty to these charges

Defendantmiddot Yes maam

JUDGE By a plea to not guilty then well hear from the Navajo Nation as to claim that they are making in this proceeding Any preliminary

matters Ms Nez before we proceed

N-NATION No preliminary matters Your Honor

JUDGE Mr Tony do you have any preliminary matters

Defendant Id just like to say that I would like to be representing myself and that with the Courts permission to try to help me with the laws of the Navajo Tribe and the only one I had with me is Bill Begay as a witness

Page 3


~YlfE17Z1--L

NAVAJO NATION JUDICIAL BRANCH Probation and Parole Services

PRESENTENCE REPORT

NAME BYron Tony SS 585-78~6635 AGE 29 DOB 06l19al C 613208 SEX Male Educ Race Navajo Indian ADDRESS HCR57Box 9187 RAft 703AS-IIrl ~o Chapter Gallup NM 87305 ManuelitoNM

COURT DOCKET WR-CR-935937-00

RELATIVESASSOCIATIONS

OFFENSE(S] OFFENSE DISPOSmON(S] Theft Defendantentered a plea of guilty to the Trespass with Force offenses

OTHER PENDING CHARGES None

CO-DEFENDANTS None PROSECUTORS Jane Nez

DEFENSE COUNSEL None

Presiding Judge LaVerne Johnson Date March 132001

ADJUDICATION DISPOSITION This case before the Honorable Court pending a sentencing hearing on April J 9~001 at 130 pm for the above offenses

~ ~


amp-x-fEiJci L--shyZshy

PRESENTENCE REPORT

QFFENSE NQ 1 Theft OFFENSE NO 2 Trespass with Force

QFFICIAL VERSION Theft Title 17 section 330(a)(I) of the Navajo Tribal Code The said defendant did on or about the 2 day at the hour of 330 pm of May 2000 within the jurisdiction of this court at 114 mile Northwest of West TseyatohRD andpefiance Drew Rd Jct at RA 24 Tesyatoh NM

Defendant enter the resident of James Whitegoat and Mary Whitegoat with force took the portable stereo off the night stand and ran out with it Item Black two deck tape player stereo ser unk Value at about $15000

Trespass with Force Title 17 section 352(A) of the Navajo Tribal Code The said defendant did O~lor about the 2 day at the hqur of 330 pm of May 2000 Within the jurisdiction of this court at 14 mile northwest ofWest Tesyatoh Rd and Defiance Drew Rd Jct at RA 24 Tseyatoh NM

Defendant came to the resident ofJames Whitegoat and Mary Whitegoat (c ) and force himself into thehouse without permission Defendant walked up to the door operi-the screen door ~force himself into the house knock doWn James Whitegoat and Mary Whitegoatcaused serious injuries to them Defendant didnt say a word when enter the house

DEFENDANrrS VERSION ProbationIParole Services wrote defendant a letter to report to probation office oaApri12 2001 at

to be interviewed for ~ presentence report Defendantdid not respond tethe notification fmiddot no statement was taken from defendant

~~~~~~~~

Mr JamesWhitegmit ass~rts Byron Tony almost killed us He came and forced his way into and took a radio from us Victim Mr Whitegoat reveals that when defendant came into

resident defendant hit him on the left side on top ofhis head and defendant proceeded to hit Whitegoat on the head also

VhJLtegoat states after he was knocked down by defendant the defendant lifthim by his shirt position and made him face his wife who was lying on the floor and stated take a good

will be the last time you will look at each other then defendant threw him back down to Mr Whitegoat states he thought his wife was dead she was not moving and her head was ofblood Mr Whitegoat states he could see the laceration inflicted by the defendant on his

head Mr Whitegoat states all this time he tried not to move making defendant think that he but he saw defendant taking the stereo After defendant left the house Mr Whitegoat

crawled over to where his wife was lying and nudged her she moved


------------------- -------------

Ap1endix T (2 of 2) b-XfJ-~rr f 3

CRIMINAL INVESTIGATION SERVICES NAVAJO CEPARTMENT OF LAW ENFORCEMENT

CCNIOOI0406 AGGRAVATED BATTERY James Mary Whitegoat

This case has been adjudicated through the Navajo Nation Courts ftld it bas been sent to the United States Auomcys Office in Albuquerque ~ew Mexico This case was

assigned to Jefferson Roanhorsc and due tomiddot his transfer to Dilcon District it was reassigned to me 1 have met with Lbe victims several times and its their wish to pursue with this casco They felt that the Navajo Nation Prosecutor Jane Nez the Window Rock Prosecutors Office the court systems and the preliminary officer has let them down They felt that there was an injustice and that this case was not investigated and not prosecuted as it should have been They felt that the suspect was not prosecuted for the assault on their persons and they are still enduring physical and emotional problems

This case is pending the prosecutive opinion from the United States Attorneys Office New Mexico District

Investigation on at file

By ltJThomas Eisilty Criminallnvestigalor Oate dictated

--_ _ -_ ~ ~-i _csti - -n cr at file By ltJTh-E~i~YCriminalloveS-tig-a-tor---O-at-e-d-lct-at-ed- ------ shy

us v Tony Discovery 0002


Sa38t1d ~~~1 ~00c ~0 1JO -

NavaJo Department 01 Law Enforcement 10010406 Aggravated Battery Victims JAMES and MARY ANN WHITEGOA T Susped BRIAN KEITH TONEY

SYNOPSIS bull On May 2 2000 between 1530 and 1649 hours an elderly couple (JAMES and

MARY ANN WHITEOOAT) were assaulted at their house in Tsa ya toh New Mexico Suspects were two Indian males one was identified as BRIAN KEITH TONEY

NARRATIVE On May 9 2000 Criminal Investigator (el) JEFFERSON ROANHORSE was

assigned the case Cl ROANHORSE met and spoke with Police Officer ANDERSON SIX in regards to the asmult Officer SIX indicated when he arrived on May 2 2000 at the WHlTEGOAT residence JAMES and MARY WHITEGOAT were transported to Gal1up Indian Medical Center and later transferred to Flagstaff Medical Center Officer SIX stated he took photographs of the assault scene because both victims sustained injuries to their heads and it W4S evident of the large amount of blood present on the floor near the east entrance Otlicer SIX stated he received information that one of the guys must have used a hatchet which the victims usually keep on the shelf in the living room Mr WHITEGOAT knew it WiS a hatchet because of noise the object made when they were hit in their heads which wm l loud thumping noise and the type of injury the object inflicted which was deep cuts which cause a lot of bleeding Officer SIX went on to say that they conducted a search ut and near the assault scene but they could not locate the hatchet or any type of weapon that the two individuals could have used Officer SIX stated they also searched along side the roadways leading into and away from the WHlTEGOAT residence but they did not locate any type or weapon For further information refer to Police Ofliccr ANDERSON SIXS incident report which is incorporated in the case file

On June 5 2000 Cl ROANHORSE obtained medical records on JAMES and MARY ANN WHITEGOAT from Oullup Indian Medical Center pertaining to tr~tment and examinations of injulics susunned in the assault For further information refer to medical records which ure incolporated in the case file

On June 29 2000 ut 1255 pm CI ROA~HORSE interviewed JAMES WHITEGOAT at Rehoboth Christian Hospital in GaHup New Mexico Mr WHlTEGOAT stated he and his wife (MARY ANN WHITEGOAT) were inside their house MARY was seated at the kitchen table putting buttons on her husbands pants Mr WHITEOOAT was in the living room watching a wrestling progmm on televillion MARY told her husband that a car arrived two guys got out of the car tmd they are approaching the house Mr WHITEGOAT got up from the couch he was seated on approached the door but before he could open the door the screen door tlung opened a tall guy walked in and hit Mr WHITEGOAT in the facial area Hc fell to the ncor and was attempting to get up but he was in the head [hili time Mr WHITEGOAT staled he was hit with something besides a fis bccau3c he could barely remembcr and he did not totally lose consciousnesl -Ie wa~



NAVAJO DEPARTMENT OF CRIMINAL INVESTIGATIONS

Dale of trllnscription_O7_-_0_6-OO____

On June 29 2000 at 1255 pm CI JEFFERSON ROANHORSE interviewed JAMES WHlTEGOAT at Rehoboth Christian Hospital in Gallup New Mexico The interview was in reference to an aggravated battery incident which occurred on May 2 2000 at Tse Ya Toh New Mexico The victims were MARY ANN and JAMES WHlTEGOAT

J WHlTEGOAT stated he and his wife were home on May 2 2000 It was about 430 pm because around this time school kids come home from school J WHlTEGOAT was in the living room watching television when a white car drove up to their front yard His wife (MARY ANN WHlTEGOAT) was sitting at the kitchen table putting buttons on his pants He was sitting on a couch with his feet on the coffee table and watching a tape recorded wrestling program on television 1 WHITEGOAT stated his wife told him two guys got out of the car and are approaching the house His wife told him to check and find out who they are J WHlTEGOAT got up from the couch walked towards the door and reach for the screen door But before he reach the door the screen door flung opened A tall guy walked into the front door of the house and hit with his right fist J WHlTEOOAT in his left check facial area The force of the hit spun him around and feU to the floor near the front door entrance area While J WHITEGOAT was attempting to get up from the floor he felt getting hit again on his left side head are~ J WffiTEGOAT

stated he was hit with something besides the tall guys fist He said after he got hit in the head he could barely remember what happened but he did not totally lose consciousness His left eye swelled up from the hit so he couldnt see out of the left eye J WHITEGOAT could barely see from his right eye but he saw with his right eye the shorter guy of the two pick up a stereo and took off with it

While J WHITEGOAT was still lying on the floor his wife attempted to intervene by trying to help but in the process of helping she got hit J WHITEGOAT remembers after he was hit a second time about five seconds later he heard a loud crack which was a hit to his wife 1 WHITEGOAT and his wife were both hit and they were ling on the floor 1 WHlTEGOAT was lying on his right side body the tall guy carne over grabbed him on his back and shoulder area The tall guy pulled him up directed his head towards his wife and said Take a good closer look before you die The guy let go of his grip and J WHITEGOAT fell back down and landed on his right side

Investiglltion on_O_6_-_2_9_-0_0____-- at Gallup New Mexico File It 10010406

07-06-00

This cfumcnt cnWlll ncither nlommlnclations nor concluS1011S or NDel It 11l1hc proptIY uf NDc lrI 1 -1-(1 tf Jnr bC~~middot ~

and its contents IUI nut ~() be distributed OUlstdc YUIl agcmy



803Jtld

CASE NUMBER 10010406 INTERVIEW JAMES WHITEGOAT

PAGE TWO

J WHITEGOAT stated he knows he and his wife were hit with something by the sound of the hits to their heads which was a loud crack J WHlTEOOA T stated after the short guy took the stereo (radio) there was silence for about three minutes After three minutes he lifted himself up and looked over to his wife who was also lying on the floor He noticed his wifes right side head was in a pool of blood J WHItEOOAT crawled over to his wife and asked her Honey whats wrong with you His wife moved he was surprised she even moved They got up from the floor M WHITEGOAT made it back to the table where she sat on a chair she told her husband to hurry up They walked to the car when they got to the car J WHITEGOAT couldnt open the car door because he lost feeling in his right fingers from the blow to his head Finally he opened the car door using his left hand They got into the car and J WHITEGOAT realize he COUldnt see so he told his wife to look out for him as he drove down the road She kept telling him that he was doing okay and he was still on the road They arrived at Firestone Tire Shop in Gallup New Mexico where his son RlCHARD WHlTEGOAT works Their son and his co-workers came out and they immediately called the ambulance Two ambulances arrived MARY and JAMES WHITEOOATwere taken to Gallup Indian Medical Center for treatment They were treated x-rays were taken and they were flown out by airplane to Flagstaff Medical Center due to the seriousness of their head injuries J WHITEGOAT

stated throughout the whole time he had blurred vision and he had no feeling in his right ann

J WHITEGOAT went on to say his health was good before the incident After the battery incident he has been experiencing pain in his chest and Wldemeath his left arm area He was afraid that he was going to get a heart attack He also had pain in his right shoulder and to date he is still taking medication for his pain J WHITEOOAT stated he has regained some feeling in his right arm but he still cant grasp with his right hand When he attempts to do something with his right hand he loses dexierity control in his right hand and fingers Although his right eye has improved a little he still ~as blurred vision 1 WHlTEGOAT remembers while driving to Gallup he thought about what had just occurred and the possibility of something like this happening again He said he feft like he had a cover over his face referring to his reduced vision

J WHITEGOAT stated even though he didnt know the tall guy by his name he knows who he is by recognition (face) and the fact that he knows this person as SHERMAN and LOUISE TONEYS son Every now and then J WHITEGOAT and his wife would see the TONEYS son (tall guy) around in Tse Va Toh or Gallup area When they run into him they usually greet one another The tall guy usually greets J WHITEGOAT as grandpa 1 WHITEOOAT stated the tall guy is related to him by the traditional clan system J WHITEGOAT went on to say I know him because he use to wrkt Westerp Wreckina Yard refemngto the tall guy



-603Jtld s~~t pound~0c ~0 l~O

NAVAJO DEPARTMENT OF CRIMINAL INVESTIGATIONS Dnte of tranllcription-O7-06_-00-____

On June 292000 at 1203 pm Criminal Investigator (CI) JEFFERSON ROANHORSE with the Department of Criminal Investigation Services WindQwRock Arizona conducted an investigation by interviewing MARYANN WHITEGOAT at Rehoboth Christian Hospital Gallup New Mexico The interview was in reference to an aggravated battery which occurred on May 2 2000 in Tse ya toh NewMexico CI ELDON YOUNG was present during the interview Victims in this incident were MARY ANN and JAMES WHITEGOAT

MARY WHlTEGOAT stated on May 2 2000 (Tuesday) after 400 pm it was four something because the school children got off the bus while she was at her house seated at the dining room table doing bead work a white car drove up to the her house The WHlTEOOATS house is located ~ mile east ofTse ya toh chapter house rural address 24 in Tse ya toh New Mexico At the time the fence that surrounds the house didnt have a gate so the car went through the entrance of the fence and parked near the front yard area Next M WHITEGOAT saw two male individuals walking towards the front door They were walking side by side One guy was tall M WHITEGOAT recognized him as LOUISE TONEYS son (BRYAN TONEy) he didnt have a shirt on he was wearing a faded denim jeans no hat or cap he had short hair and she didnt notice what

type shoes the guy was wearing The other guy M WHlTEGOAT never saw him before until that day he was shorter he was wearing pants but he wasnt wearing a shirt The two guys wentmiddot up to the porch area She told her husband (common-law) JAMES WHITEOOAT some guys are coming check on them and see who it is 1 WHlTEGOAT was seated in the living room he got up before he could get to the door the tall guy opened the screen door and entered the house Before J WHITEGOAT could say anything the tall guy without saying anything hit J WHITEGOAT in the facial area once M WHITEG0AT asked her husband are you okay honey She stood up and took about four to five steps towards the front entrance away from the table when the tall guy grabbed M WHITEGOATS upper arm (bicep) pulled her arountr and threw her on the dining room floor She landed on the floor on her right side (body) The taU guy kicked M WHITEGOAT on her right forehead area she lost consciousness and she woke up at Flagstaff Medical Center

Investigation on __0_6-_2_9_-_00_____- Ilt Gs llup New Mexico File 10010406

07-06-00--____ ____ ___w~~ v JE_1_i_E_R_SO_N_R_O_AN_H_O_R_S_E_(_C_l~1i+ri 1------ Dall dictated-7shy

i~7

nus documtnt CO I lUILna neither rccommrntlatllllts nor runeluions of NL)CL 11 i i the property I )i)C a~d 19 lOII~r ~ yo aseruy It

and its cuntents arc not to be distrbuttd uutsitle yum tlency

Us v Tonv DiscOV2rv nnn7


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CASE NUMBER 10010406 9INTERVIEW MARY ANN Wltl-rEGOAr

PAGE TWO

M WHITEOOAT stated before the incident the only health problem she had was diabetes for which she took insUlin shots After the incident she has been experiencing dizziness a problem with vomiting and she doesnt like food no more At nights she is afraid to go to sleep where she never had problems with sleeping before She lives in constant fear not knowing if the two guys will come around again Doctors have told her let time heal the injuries and we will see from there She has been exPeIiencing blWTed vision and pain in her eyes also When her eyes begin to hun to relieve the pain she closes her eyes or put a wet washcloth over her eyes and it gets better after a While

M WHITEGOAT stated she did not hear a word from the two guys from the time they showed up to the time she lost consciousness She did not smell alcoholic beverages on their persons so she does not know whether they were intoxicated or not She said she was afraid so she told her husband to meet the two guys She does not know why they picked their house or why they picked them

M WHITEGOAT stated the tall guy has a white lady she does not know if shes his wife or girlfriend They see the couple in the area evrry now and then They usually greet one another

Personal Data collccted Name MARY ANN WHITEGOAT

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all ofa sudden Brian Tony comes bolting into her house

and beats up both her and her husb~nd

She will describe what Brian Tony was wearing

She will describe how he looked that day He had short

hair he was wearing faded jeans and he didn I t have a shirt on

She will also describe the attack on her

husband You will not hear from Mr Tony (sic) ladies

and gentlemen as he passed away two years after this

incident from an unrelated illness However we are

still proceeding on proving the injuries to Mr Tony

(sic)

Now the Court will instruct you and will tell

you that the Government has the duty to prove two

elements in this offense That this offense happened in

Indian Country We have a stipulation with the defense

that this did occur in Indian Country so that will not

be an issue Likewise the Government has to pr~ve that

the victims were Native American as was the defendant

Again we have a stipUlation to that and thatmiddot is not an

issue in this case

Ladies and gentlemen we ask tha~ you listen to

pll the evidence in this case We ask that you pay

attention to the lay witnesses and to the expert witness

by the name of Dr Seelinger You will be instructed by


(505) 992~3829


THE NAVAJO NATION P O BOX 9000 bull WINDOW ROCK ARIZONA 86515 bull (520) 8716000

KELSEY A BEGAYE PRESIDENT

TAYLOR McKENZIE MD VICE PRESIDENT

M E M 0 RAN 0 U M

TO Thomas Criminal Investigator Criminallnves~g~tion Section

Window Rock Oepartment of Law Enforcement WindowRoCkAt 86515

FROM ___ DehlyaDept Dir Navajo Land Departmen

Divisioh of Natural Resources

SUB Land V~rifieation - Residence located in Tsayatoh New Mexico with GPS Coordinates N35deg3094 W108deg5S21 (V-14-10-03)

DATE December 9 2002

Per your request for Verification of Land Status of a Crime Scene fQr the following location described with a Garmin GPS Coordinates residence located in Tsayatoh New Mexico with GPS Coordinates N35deg3094 W10ff5521 Datum WGS84

The above deScription of GPS Coordinates verified by Criminal Investigation Section Window Rock Department of Law Enforcement

Which area is situated within the Vicinity of Tsayatoh Chapter Bureau of Indian Affairs Land Managernent Di$trict 16 Navajo Indian Country McKinley County State of New Mexico Furthermore it was plotted in NEl4 of Section 23 Township 15 North Range 20 West New Mexico Principal Meridian and is shown on USGS 75 Minute Topographic Maps and entitled SamsonLake NM Attached copy is an AllTopo Map and is plotted at a scale of

1= 5 Mile 2=1 Mile

~f~~lJ included is a copy of Township Landstatus Plat Sheet T15NR20W NMPM This wa~ recerded and taken from the Navajo Land Departmenfs New Mexico Land

bullbullbullbullbull ~~rwlAt and shows the Crime Scene is determined to be Individual Indian

scovery us

~~09~~ additional information be required please contact our office Navajo Land rgtepartment in Window Rock AriZona Ctt (9-~e R~-~middot-Cmiddotmiddot 0 -

Brian Tonyv


Discovery US v Brian Tonv


VERIFICATION OF LAND STATUS N

-_- ~ - --shy-l1li_ shy ushyNavajo Indian Country Township Landstatus Plat Sheet T15NR20W NMPM This information was recorded and taken from the Navajo Land Departments New Mexico Land Status Plat BooK and shows the Crime Scene is determined to be Individual Indian Allotment 024023

---

EXECUTIVE ORDER MAP of the NAVAJO INDIAN RESERVATION

___1l

----bull

--- -

Irt-middotmiddotmiddotmiddotmiddot

of queScene

Vicinity of Tsayatoh Chapter BIA Land Management District 16 Tsayatoh New Mexico Eastern Navajo Agency NAVAJO INDIAN cou~r~Y

McKinley County Sti1tp of New Mexico

Crime Scene Residence located in Tsayatoh NM N35deg3094 W108deg5521 Datum WGS84 NlD (V-14-1 0-03) December 92002 Plotted NFJ~ of Section 23 T15NR20W NMPM Land Status 1~1liauallndian Allotment 024023 f3ijO nUa bull )untry



middot ltY at N tnd 1IvHgfhNt Opr dHn Tlti t-II

A Or9in 1 Iraly reiervallon June I H uecul[vfi)rder add ilion March 10 1868 190S

a feltulive-order ddilion October 29 e~ive-ord~r ddition November 91878 1907

c fxoculveoder addilion January 6 tf

J fcu~ivltI(der ddition N~vem~~ 91880 1907 rinIorea 10 public domain by

cc Originally pari fl Hlt~l WithdrIl ueculive order of January 16 191 L from fheieservali by execulive order May 17 181~ rored by e eculty K Execuiive-order dditOII November 9 order April2~1886 n 1907 restored 10 public domain by

executive ord Jgtf December 30 1908D (twO prl) eJtc~lioder~ddilio~My I~1884 ~ bull ~_ f- -~ ~ bull _

L Tusayit Foresl ddil~nAct9fM~V2)bullE Tliil paiui$~p Originiily pari of ~DH1 in 1872 rltHilored 10 Ih public 1930

domiliin in 1908 ilhdbull n for Ihe e M EIie(ulfve-ordehlddili~nMay 7 1917ofYd~u~ bfi~ns ~oe(io ~u~iic dbin 11 l9j~ i~1929gi~gtyenjih N Ad oMrCh 11913 bull

~ ~ drawn from Ir1t 19)3 irn o (thr prtsAizon~eo1dryen~ of-1tlfl 14 1934 jgte~n4rtnl~y ~ ~hNy~o eer~io F ecullvoJer ddllon ~ J nuary 8 TvlIyn fore$lodai1tdi AclI of Fegt

1900 ruary 211933

G Execuve-Oldef ddijicn~ November 104 Q HOPi -~e~etvtion E~ecufve Older fcent1e-rshy

l~OI vatjon creafed on Decembe 6 1882

809 F21i-33

---bull~------


APPELLANTIPETITIONERS OPENING BRIEF

1 Statement of the Case (This should be a brief summary of the proceedings in the district court) See Attached Statement of case

2 Statement of Facts Relevant to the Issues Presented for Review 25 USC sect1301-(1-4) Definitions 25 USC sectsect1302 (1-10) Constitutional rights 25 USC sectsect1303 Habeas Corpus 25 USC sectsect1311 (1-4) Model code 25 USC sect1321 Assumption by state of Criminal Jurisdiction 18 USC sect3231 Jurisdiction USConstAmend V USConstAmendXIV (See attached statement of facts)

















-----

Signature








0-00-200 Date

~c--- Signature



1 of 11




v bull




















2 of 11
















24 j bull

ISSUES~OF REVIEW





3 of 1L

















SUMMARY OF ARGUMENT




dic tmen t





4 of 11

STATEMENT OF FACTS

















Mckinley County






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7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

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(505) 992-3829

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A No sir






further witnesses



the Government













(505) 992-3829


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exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








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(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


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----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------
















-----

Signature








0-00-200 Date

~c--- Signature



1 of 11




v bull




















2 of 11
















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ISSUES~OF REVIEW





3 of 1L

















SUMMARY OF ARGUMENT




dic tmen t





4 of 11

STATEMENT OF FACTS

















Mckinley County






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28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

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(505) 992-3829

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A No sir






further witnesses



the Government













(505) 992-3829


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(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








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(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------









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Signature

AN]2 AppellantPetitioners Opening Brief N 199







0-00-200 Date

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ISSUES~OF REVIEW





3 of 1L

















SUMMARY OF ARGUMENT




dic tmen t





4 of 11

STATEMENT OF FACTS

















Mckinley County






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28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

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15

why she got

18 but she said





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A No sir






further witnesses



the Government













(505) 992-3829


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exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








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I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------







0-00-200 Date

~c--- Signature



1 of 11




v bull




















2 of 11
















24 j bull

ISSUES~OF REVIEW





3 of 1L

















SUMMARY OF ARGUMENT




dic tmen t





4 of 11

STATEMENT OF FACTS

















Mckinley County






5 of 11


























6 of 11




























7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


1 of 11




v bull




















2 of 11
















24 j bull

ISSUES~OF REVIEW





3 of 1L

















SUMMARY OF ARGUMENT




dic tmen t





4 of 11

STATEMENT OF FACTS

















Mckinley County






5 of 11


























6 of 11




























7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


2 of 11
















24 j bull

ISSUES~OF REVIEW





3 of 1L

















SUMMARY OF ARGUMENT




dic tmen t





4 of 11

STATEMENT OF FACTS

















Mckinley County






5 of 11


























6 of 11




























7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


3 of 1L

















SUMMARY OF ARGUMENT




dic tmen t





4 of 11

STATEMENT OF FACTS

















Mckinley County






5 of 11


























6 of 11




























7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


4 of 11

STATEMENT OF FACTS

















Mckinley County






5 of 11


























6 of 11




























7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


5 of 11


























6 of 11




























7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


6 of 11




























7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


7 of 11












28Q











to PubLNo280


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


8 of 11











vation





de novo



208






9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


9 of 11


























10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


10 of 11



secution federal)

























-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


-------

11 of 11










presented

CONCLUSION










A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------






A Yes sir As



A Yes sir












And to this day

1

2

15

why she got

18 but she said





23

24

25





(505) 992-3829

I I

lt I r


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


315

3

)

1

2

3

4

5

6

7

8

9

o

1

~3

~4

~5


A Cream

Q Its not white

A No sir






further witnesses



the Government













(505) 992-3829


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


7

316EXhrorr C

~

J

(shy

exhibits

MR TORREZ Its -shy



MR TORREZ

THE COURT

rule -shy

MR TORREZ

THE COURT

MR TORREZ

testimony

THE COURT

counsel please

MR

(At bench)

MR

THE

MR

THE

TORREZ

TORREZ

COURT

TORREZ

COURT


MR TORREZ







It starts at page 8

(D) (1) (b) is - shy


The prior -shy






THE COURT Okay


(505) 992-3829



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------



Defendant Yes maam




Defendant Yes maam


Page 2



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------



JUDGE Judge




Mary Mary Whitegoat






Defendant Yes maam




Page I




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------




---




Defendant Yes ma am








Page 3


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


~YlfE17Z1--L


PRESENTENCE REPORT










~ ~



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------



PRESENTENCE REPORT








~~~~~~~~








------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


------------------- -------------












Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


Sa38t1d ~~~1 ~00c ~0 1JO -

















07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------









07-06-00





803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


803Jtld


PAGE TWO














i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------









i~7





~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


~ TIt 13x Hr-g]I-g


PAGE TWO





0t c


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------


5

10

15

20

25

23

I 1

I 2

I 3

4

I 6

I 7

I 8

9

I 11

I I 12

13

14

I I

16

17

18

19

21

22

23

24

j--shy











(sic)









issue in this case






(505) 992~3829





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------





M E M 0 RAN 0 U M










1= 5 Mile 2=1 Mile



scovery us


Brian Tonyv






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------






---


___1l

----bull

--- -


of queScene
















1900 ruary 211933



809 F21i-33

---bull~------













1900 ruary 211933



809 F21i-33

---bull~------


Brian Keith Tony, United States of America NOTICE AND ... · PDF filedue to treaty and...

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Transcript of Brian Keith Tony, United States of America NOTICE AND ... · PDF filedue to treaty and...