Lay witness testimony may establish jurisdictional fact that crime scene was located in Indian country

JURISDICTION United States v. Lamy, No. 07-2048, ___ F.3d ___ (10th Cir. Apr. 1, 2008)(New Mexico). Appeal of convictions for aggravated sexual abuse in Indian country in violation of 18 U.S.C. § 1153. HELD: Indian country situs is essential element of crime charged under 18 U.S.C. § 1153 and must be proved beyond reasonable doubt. Indian country includes all land within limits of any Indian reservation under jurisdiction of United States Government. Therefore, where lay witnesses who had either worked or lived on Zuni reservation were questioned in present tense about location of house where sexual assaults occurred as being on Zuni reservation land, but questions were asked and answered in context of timeframe of crime, jury could reasonably conclude that witnesses possessed requisite familiarity with boundaries of reservation and that house was within reservation boundaries at time of crime. Read the opinion here.