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Opinion and Order — United States v. Antonio Jerome Colbert (Northern District of Oklahoma, Document 50)

Summary

Opinion and Order dated December 11, 2024, in United States v. Antonio Jerome Colbert, Case No. 24-CR-337-JFH, in the United States District Court for the Northern District of Oklahoma. The Government's Motion to Determine Indian Country as a Matter of Law (Dkt. No. 35) asks the Court to determine that the land at issue lies within the boundaries of the Muscogee (Creek) Nation, and the Defendant has filed no response. The Court grants the motion, finding a map of the Muscogee (Creek) Nation submitted as Dkt. No. 35-1 sufficient to show by a preponderance of the evidence that the location of the charged events is within Indian country. The order states that a jury will determine whether anything of a criminal nature occurred at the location.

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“Opinion and Order — United States v. Antonio Jerome Colbert (Northern District of Oklahoma, Document 50).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-4-24-cr-00337-dkt-50-523bf6e254/, SHA-256 f3e7f409a8f02d6b71bca9cd7f9b1aa45a638b438c60d1cff5390dc501231dd4.

Full text

Case 4:24-cr-00337-JFH         Document 50 Filed in USDC ND/OK on 12/11/24                 Page 1 of 2




                       IN THE UNITED STATES DISTRICT COURT
                     FOR THE NORTHERN DISTRICT OF OKLAHOMA

  UNITED STATES OF AMERICA,

                         Plaintiff,

  v.                                                           Case No. 24-CR-337-JFH

  ANTONIO JEROME COLBERT,

                         Defendant.


                                      OPINION AND ORDER

        Before the Court is a Motion to Determine Indian Country as a Matter of Law (“Motion”)

 filed by Plaintiff United States of America (the “Government”). Dkt. No. 35. The Government

 asks the Court to determine, as a matter of law, “land within the vicinity of 3700 South Mingo

 Road, Tulsa, Oklahoma” is within the boundaries of the Muscogee (Creek) Nation. Dkt. No. 35.

 The Defendant ostensibly opposes the Government’s Motion, but has filed no response to the

 Government’s Motion. For the reasons set forth below, the Motion is granted.

        A “district court can find, as a matter of law, a geographic area or particular location is

 Indian Country, and then instruct the jury to determine factually whether the offense occurred

 there.” United States v. Roberts, 185 F.3d 1125, 1139-40 (10th Cir. 1999). The party seeking to

 invoke the jurisdiction of a federal court must demonstrate by a preponderance of the evidence

 that the case is within the Court's jurisdiction. United States v. Bustillos, 31 F.3d 931, 933 (10th

 Cir. 1994).

        The Tenth Circuit was clear in Roberts that, “[a]s a general matter, the trial court decides

 the jurisdictional status of a particular property or area and then leaves to the jury the factual

 determination of whether the alleged crime occurred at the site.” 185 F.3d at 1139. “[A] trial court

 [] acts appropriately when it makes the jurisdictional ruling a particular tract of land or geographic
Case 4:24-cr-00337-JFH        Document 50 Filed in USDC ND/OK on 12/11/24              Page 2 of 2




 area is Indian Country, and then instructs the jury to determine whether the alleged offense

 occurred there.” Id.

        Here the Government submits for the Court’s review a map of the Muscogee (Creek)

 Nation, showing that the area of 3700 South Mingo Road, Tulsa, Oklahoma is within the Nation’s

 boundaries. Dkt. No. 35-1. The Court finds this sufficient to demonstrate by a preponderance of

 the evidence that the location of the charged events is within Indian country. A jury, however,

 will determine the factual question of whether anything of a criminal nature occurred at the 3700

 South Mingo Road, Tulsa, Oklahoma address.

        IT IS THEREFORE ORDERED that the Motion to Determine Indian Country as a Matter

 of Law filed at Dkt. No. 35 is GRANTED.

        Dated this 11th day of December 2024.



                                                     JOHN F. HEIL, III
                                                     UNITED STATES DISTRICT JUDGE

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