context: First, while Defendant asserts a lack of jurisdiction, Defendant fails to cite any authority demonstrating why the Indictment on its face does not invoke the criminal jurisdiction of the United States.
citation_a.signal: see
citation_a.parenthetical: holding federal government could not prosecute an American Indian who, on Indian territory, had murdered another member of his tribe, as federal statute excluded such crime from federal criminal jurisdiction in favor of allowing the Indians to engage in self-government, i.e., "the regulation by themselves of their own domestic affairs, the maintenance of order and peace among their own members by the administration of their own laws and customs"
citation_a.sentence: See, e.g., Ex parte Crow Dog, 109 U.S. 556, 568, 3 S.Ct. 396, 27 L.Ed. 1030 (1883) (holding federal government could not prosecute an American Indian who, on Indian territory, had murdered another member of his tribe, as federal statute excluded such crime from federal criminal jurisdiction in favor of allowing the Indians to engage in self-government, i.e., “the regulation by themselves of their own domestic affairs, the maintenance of order and peace among their own members by the administration of their own laws and customs”); See also United States v. Kostadinov, 734 F.2d 905, 913 (2d Cir.) (reversing district court’s dismissal, after a pretrial hearing, based on diplomatic immunity, of indictment charging defendant with espionage for lack of jurisdiction over defendant, because defendant, who had served as assistant commercial counselor in Bulgaria’s New York City trade office failed to establish he was a member of the Bulgaria mission entitled to such diplomatic immunity), cert. denied, 469 U.S. 881, 105 S.Ct. 246, 83 L.Ed.2d 184 (1984).
citation_b.signal: see also
citation_b.parenthetical: reversing district court's dismissal, after a pretrial hearing, based on diplomatic immunity, of indictment charging defendant with espionage for lack of jurisdiction over defendant, because defendant, who had served as assistant commercial counselor in Bulgaria's New York City trade office failed to establish he was a member of the Bulgaria mission entitled to such diplomatic immunity
citation_b.sentence: See, e.g., Ex parte Crow Dog, 109 U.S. 556, 568, 3 S.Ct. 396, 27 L.Ed. 1030 (1883) (holding federal government could not prosecute an American Indian who, on Indian territory, had murdered another member of his tribe, as federal statute excluded such crime from federal criminal jurisdiction in favor of allowing the Indians to engage in self-government, i.e., “the regulation by themselves of their own domestic affairs, the maintenance of order and peace among their own members by the administration of their own laws and customs”); See also United States v. Kostadinov, 734 F.2d 905, 913 (2d Cir.) (reversing district court’s dismissal, after a pretrial hearing, based on diplomatic immunity, of indictment charging defendant with espionage for lack of jurisdiction over defendant, because defendant, who had served as assistant commercial counselor in Bulgaria’s New York City trade office failed to establish he was a member of the Bulgaria mission entitled to such diplomatic immunity), cert. denied, 469 U.S. 881, 105 S.Ct. 246, 83 L.Ed.2d 184 (1984).