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United States v. Webster

United States Court of Appeals, Eighth Circuit

August 13, 2015

United States of America, Plaintiff - Appellee
v.
Robert D. Webster, Defendant - Appellant

Submitted, May 14, 2015

Page 532

Appeal from United States District Court for the District of Nebraska - Omaha.

For United States of America, Plaintiff - Appellee: Michael P. Norris, Assistant U.S. Attorney, Douglas Richard Semisch, Assistant U.S. Attorney, U.S. Attorney's Office, District of Nebraska, Omaha, NE.

Robert D. Webster, Defendant - Appellant, Pro se, Tucson, AZ.

For Robert D. Webster, Defendant - Appellant: Edouardo Zendejas, Omaha, NE.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.

OPINION

Page 533

BENTON, Circuit Judge.

A jury convicted Robert Dion Webster, an Indian, of aggravated sexual abuse of a child, in violation of 18 U.S.C. § 2241(c) as extended by 18 U.S.C. § 1152. Webster appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Section 2241(c) outlaws aggravated sexual abuse of a child younger than 12 " in the special maritime and territorial jurisdiction of the United States." 18 U.S.C. § 2241(c). It is a chapter 109A felony.

Section 1152 " provides federal jurisdiction for crimes occurring within Indian country between an Indian and a non-Indian." United States v. Graham, 572 F.3d 954, 956 n.3 (8th Cir. 2009). It states:

Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country.
This section shall not extend to offenses committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively.

18 U.S.C. § 1152 (" Indian Country Crimes Act" or " General Crimes Act" ).

A grand jury indicted Webster in December 2012, alleging: " Between on or about May 20, 2007 and on or about July 20, 2007, . . . on and within the Omaha Indian Reservation in Indian Country, [Webster], an Indian male, did knowingly engage in a sexual act with A.C., a child who had not attained the age of 12 years, to wit: contact between the defendant's penis and the child's anus . . . ." The indictment did not allege A.C. was a ...


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