Federal jurisdiction extends to crimes committed in Indian Country under 21 U.S.C. § 1955 even though § 1955 incorporates state law by reference

JURISDICTION United States v. Gachot, No. 07-6061, ___ F.3d ___ (10th Cir. Jan. 10, 2008)(W.D. Oklahoma). Appeal of conviction for operating illegal gambling business in violation of 18 U.S.C. § 1955. HELD: Title 21 U.S.C. §1955 is nationally applicable federal criminal statute based on the Commerce Clause. Unlike the Indian Country Crimes Act, § 1955 contains no exceptions related to crimes committed in Indian Country. Accordingly, § 1955 applies to Indian Country even though it incorporates state law by reference. Read the opinion here.