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UNITED STATES of America, Plaintiff-Appellee, v. Douglas Franklin WRIGHT, Defendant-Appellant

Citations: 79 F.3d 112; 96 Daily Journal DAR 2630; 96 Cal. Daily Op. Serv. 1582; 1996 U.S. App. LEXIS 3914; 1996 WL 97551Docket: 95-30054

Court: Court of Appeals for the Ninth Circuit; March 7, 1996; Federal Appellate Court

Narrative Opinion Summary

This case involves an interlocutory appeal in the matter of the United States v. Douglas Franklin Wright, concerning multiple murders known as the Warm Springs Murders. The defendant, Wright, was implicated in the deaths of two homeless men and one additional victim. The case is complex due to jurisdictional issues, as the murders occurred on and off tribal lands. Wright, already convicted on federal felon-in-possession charges, faced additional murder charges in Oregon state court and federal charges for the murder of Tony Nelson, a tribal member, which fell under federal jurisdiction. The appeal challenges the district court’s denial of a motion to dismiss the federal murder charge on grounds of double jeopardy, due process violations, and prosecutorial misconduct. The court affirms the denial of the double jeopardy claim, applying the Blockburger test, which the defendant concedes does not apply. Other claims are dismissed for lack of jurisdiction under interlocutory appeal. The court's decision upholds the district court's ruling, allowing the federal murder charge to proceed.

Legal Issues Addressed

Double Jeopardy under Blockburger Test

Application: The court applies the Blockburger test to determine whether the charges for murder violate the defendant's double jeopardy rights following a conviction for felon-in-possession.

Reasoning: The double jeopardy analysis follows the Blockburger test, which determines if the second offense includes elements identical to the first.

Interlocutory Appeal and Jurisdictional Limits

Application: The court limits its review to the double jeopardy claim and dismisses other claims due to lack of jurisdiction for interlocutory appeal.

Reasoning: The remaining claims, alleging conspiracy between the federal government and Oregon for successive prosecutions, lack jurisdiction for review on interlocutory appeal according to Abney v. United States.

Jurisdiction for Federal Charges on Tribal Land

Application: Federal jurisdiction is established for the murder of a tribal member on tribal land, distinguishing it from state jurisdiction over other murders.

Reasoning: The murder of Nelson, a member of the Makah Tribe, fell under federal jurisdiction due to its location on tribal land, whereas the other murders could be prosecuted in state court.