Cardinal v. United States
1992.C06.43822 ; 954 F.2D 359
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RALPH B. GUY, JR., Circuit Judge. Defendant, Lawrence C. Cardinal, was convicted of the crime of rape on an Indian reservation, in violation of 18 U.S.C § 2031. The trial court exercised jurisdiction pursuant to the Major Crimes Act, 18 U.S.C. §§ 1151 and 1153. Cardinal subsequently filed this petition pursuant to 28 U.S.C. § 2255, seeking to have his sentence vacated or set aside on the ground that the sentencing court lacked subject matter jurisdiction over the crime of which he was convicted. Cardinal argued that federal jurisdiction did not exist because the rape he committed occurred outside the boundaries of the Keweenaw Bay Indian Reservation, on private land not within "Indian country."