Jurisdictional Challenge to Original Indictment Mooted by Agreed-Upon Plea to New Indictment

US v. Gachot, No. 07-6061, 1/10/08 (published): Defendant, a Native American, was involved in running a cockfighting venture. He was originally indicted on two Oklahoma state felonies and one federal crime (sponsoring or exhibiting an animal in an animal fighting venture if any animal had been transported in interstate commerce). He moved to dismiss the state felonies for lack of jurisdiction, which was based on the Assimilative Crimes Act and Indian Country Crimes Act, arguing that the “Indian against Indian exception,” contained in 18 USC § 1152 applied. The district court denied the motion. A few days later, the defendant entered into an agreement by which he pled guilty to a different federal felony, operating an illegal gambling business in violation of 18 USC § 1955, and the government dismissed the original indictment. On appeal, the defendant renewed his jurisdictional challenge to the original indictment.
Held: 1) The issue was moot because that indictment had been dismissed; and 2) the district court had jurisdiction over the § 1955 charge, since it is a nationally applicable federal criminal statute predicated on the Commerce Clause, and contains no exceptions related to crimes committed in Indian Country. The Tenth went out of its way to express no opinion as to whether a conditional plea could have preserved the original jurisdictional challenge.