United States v. Ruiz
Split Score
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Case Summary
Disposition
Vacated
The Tenth Circuit vacated Joel Ruiz’s conviction for sexual abuse of a minor because the Government failed to prove beyond a reasonable doubt that Ruiz is a non-Indian, an essential element for federal jurisdiction under 18 U.S.C. § 1152 in this circuit. The court remanded for further proceedings and signaled that the circuit’s position—that non-Indian status is an element rather than an affirmative defense—conflicts with several sister circuits.
Circuit Split Identified
Legal Issue
Whether a defendant’s non-Indian status under 18 U.S.C. § 1152 is an element the Government must plead and prove beyond a reasonable doubt or an affirmative defense the defendant must raise.
Circuit Positions
Non-Indian status is an element of the offense that the prosecution must plead and prove beyond a reasonable doubt.
Non-Indian status is an affirmative defense; the defendant bears the burden of production (with the Government retaining the ultimate burden of proof).
Conflict Summary
The Tenth Circuit treats a defendant’s non-Indian status as an essential element of a § 1152 offense that the Government must charge in the indictment and prove at trial. In contrast, the Ninth Circuit—and circuits that have followed it—hold that non-Indian status is an affirmative defense; the defendant bears the initial burden of production, with the Government retaining only the ultimate burden of persuasion once the issue is raised.