United States v. Antonio

UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY ANTONIO, Defendant.

No. CR 16-1106 JB

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

June 5, 2017

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on the Defendant's Motion to Dismiss for Lack of Federal Subject Matter Jurisdiction, filed April 10, 2017 (Doc. 62)("Motion"). The Court held an evidentiary hearing on April 11, 2017, and a hearing on April 12, 2017. The primary issue is whether the Court has jurisdiction over this matter under the Indian Pueblo Land Act Amendments of 2005, Pub. L. No. 109-133, 119 Stat. 2573 (Dec. 20, 2005), codified at 25 U.S.C. § 331 Note, because the automobile collision giving rise to Plaintiff United States of America's criminal prosecution against Defendant Jeffrey Antonio, which occurred on private land, nonetheless occurred within the exterior boundaries of the 1748 Spanish land grant to the Sandia Pueblo, which Congress confirmed in the Act of December 22, 1858, 11 Stat. 374, 374 (1859). The Court concludes: (i) the automobile collision giving rise to this criminal cause of action occurred within the exterior boundaries of the 1748 Spanish land grant; and, consequently, (ii) under 25 U.S.C. § 331 Note, the Court has jurisdiction over this matter. Accordingly, the Court denies Antonio's Motion.

FACTUAL BACKGROUND

In a criminal prosecution under 18 U.S.C. §§ 1152 or 1153, the Court determines its jurisdiction based on facts established by a preponderance of the evidence. See United States v. Bustillos, 31 F.3d 931, 933 (10th Cir. 1994)(citing McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936)). The United States charges Antonio with a violation of 18 U.S.C. § 1153. See Indictment at 1, filed March 23, 2016 (Doc. 2)("Indictment"). The following facts, which the Court finds by a preponderance of the evidence, are relevant to the Court's jurisdictional determination:

1. On May 16, 1748, Lieutenant General Don Bernardo Antonio de Bustamante y Tagle, acting under a duly authorized commission, conveyed a land grant to the Sandia Pueblo. See Menchero, Fray Juan Miguel, Joachin Codallos y Rabal & Bernardo Antonio de Bustamante y Tagle, "Proceedings in regard to the construction of the Mission and Pueblo of our Lady of Sorrow of Sandia, concerning which this attestation, to the letter, is sent to the Superior Government of this New Spain as will be Perceived within etc," Spanish Archives of New Mexico Series I, No. 848, at 1-6 (1748)(Myra Ellen Jenkins, Ph.D., trans. (1994)), http://digitalrepository.unm.edu/law_certificate_indianlaw_sandia/59 (last visited June 2, 2017)("1748 Pueblo of Sandia Grant.").

2. In pertinent part, the 1748 Pueblo of Sandia Grant, which was memorialized by Bernardo Antonio de Bustamante y Tagle, provides:

In this pueblo and said mission of Nuestra Señora de los Dolores and San Antonio de Sandia on the 16th day of the month of May of 1748 I the Lieutenant General Don Bernardo Antonio de Bustamante y Tagle, by special commission which I hold from the Senor Sergeant Major Don Joachín Codallos y Rabál, Governor and Captain General of this Kingdom of New Mexico to do so having made myself aware and informed concerning the petition of the Reverend Minister Father, Delegate Commissary and Procurator General of this Custody and giving compliance to all that which the said Minister Reverend Padre petitions, and complying with that which the above proceedings demand, being in this said mission for the royal and personal possession which I should give, ordered the settlers who are nearest, who are those who reside in this said pueblo on the southern and northern portions, who being present I notified of the commission which I hold to give the said possession to the Moquino sons who are gathered together to resettlethe said mission and to their minister and that if anything which should give them damage would take place that they explain the right which they may have, to which they responded that notwithstanding that the measurements included some granted and purchased land, they would cede them without any controversy since the order is superior to a recourse they could allege by law. And there being no further opposition which I verbally inquired as I had been ordered to do, I proceeded to give royal and personal possession, first proceeding to give the name and avocation to the said new mission in perpetuity, placing on it the name "Nuestra Señora de los Dolores y San Antonio de Sandia," and this nomination made, all the recently converted Indians of the said nation as resettlers gathered together and their father minister who is the Reverend Father Preacher Fray Juan Joseph Hernández, whom I led by the hand and in the name of his Majesty (may God guard him) I proceeded over the said land, I shouted and they shouted, threw rocks and pulled up grass and in a loud voice shouted many times "Long live the King, our Lord," and they received the royal possession without any opposition. The leagues conceded for a formal pueblo were measured and the cordels [measuring cords] extended to the west wind as far as the Rio del Norte, which is the boundary, having no more than 12 cordels of 120 Castillian varas each one which consisted of 1,440 varas, and in order to complete those which were lacking in this direction it was necessary to increase the leagues which pertain to the north and south winds equally so that the Spanish settler grantees would not be injured some more than others. The land which is encompassed in these three winds [directions] is all for raising wheat with the conveniences of water for the purpose of the land. And in order to perpetuate the memories and the designations I ordered them to place monument markers, mounds of mud and stone of the height of a man, with wooden crosses on top, these being on the north facing the point of the cañada which is commonly called "del Agua," and on the south facing the mouth of the Cañada de Juan Tabovo, and on the east the sierra madre called Sandia, within which limits are the conveniences of pastures, woods, waters and watering places in abundance in order to maintain their stock, both large and small and a horse herd, all of which Moquino Indian neophytes who are congregated as stated, so that they may enjoy them for themselves, their children, heirs and successors. Those who were present were found to be 350 persons, young and old, who comprise 70 families to whom jointly I conceded, pronounced and gave the royal possession in the name of his Majesty which is to be for them sufficient title so that neither now nor at any time can any occasion arise in which another person or persons will interfere with or enter into the designated boundaries. And being placed in possession and so that for all time it is certain I executed this proceeding, the official witnesses being the squadron corporal Antonio de Armenta and the soldier Juan Samon and I signed it with those of my assistance with whom I acted as jues receptor for lack of a royal and public scribe for there is none in this kingdom. Dated as above I certify. Bernardo Antonio de Bustamante y Tagle, Jues Receptor (rubric). Witness Ysidro Sánchez Tagle (rubric). Witness: Pedro Tafolla(rubric). An attestation is made which is remitted to the superior government of this New Spain.

1748 Pueblo of Sandia Grant at 4-6 (emphasis added).

3. The Rio Grande is the western boundary of the Sandia Pueblo's 1748 land grant. See 1748 Pueblo of Sandia Grant at 4-6.

4. The collision central to this criminal case took place at the intersection of New Mexico Highway 313 and Wilda Drive in Bernalillo County, New Mexico. See Motion at 1 (asserting this fact); United States' Response to Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction ¶ 2, at 1, filed April 14, 2017 (Doc. 68)("Response")(asserting this fact).

5. The location of the collision, which is the intersection of New Mexico Highway 313 and Wilda Drive in Bernalillo County, New Mexico, lies east of the Rio Grande. See Fed. R. Evid. 201(b)(1)("The court may judicially notice a fact that is not subject to reasonable dispute because it is generally known within the trial court's territorial jurisdiction.").

6. The Sandia Pueblo does not own the land on which the collision occurred, because that land, known as Private Claim 364, came into Pedro C. Garcia's private ownership, "under the provisions of the Act of Congress on June 7, 1924 (43 Stat. 636)," confirmed by patents from the United States to Pedro C. Garcia. See Pedro C. Garcia Patent 1069186 (executed December 20, 1933), filed April 10, 2017 (Doc. 62-2)("1933 Garcia Patent"); Pedro C. Garcia Patent 1067360 (executed April 26, 1934), filed April 10, 2017 (Doc. 62-2)("1934 Garcia Patent"). See also Draft Transcript of Motion Proceedings at 46:9, taken April 11, 2017 (Ortiz)("April 11 Tr.")(referring to the Garcia parcel as Private Claim 364").¹

7. In 1930, Pedro C. Garcia and Beneranda S. Garcia conveyed in fee-simple a parcel of land to the Middle Rio Grande Conservancy District ("MRGCD").² See Receipt and Conveyance, introduced as Defendant's Hearing Ex. C., April 11, 2017 ("1930 Garcia Conveyance"); April 11 Tr. at 24:4-6 (Stretch).

8. The 1930 Garcia Conveyance purports to convey:

All of that part of tract No. 79 on the Middle Rio Grande Conservancy District Property Map No. 20 required for right-of-way for the Albuquerque Riverside Drain and Levee and for Floodway, being all of said tract lying west of a line drawn from a point on the south boundary 948 feet, more or less, easterly from the east bank of the Rio Grande to a point on the north boundary 808 feet, more or less, easterly from the east bank of the Rio Grande and containing 28.78 acres, more or less.

1930 Garcia Conveyance at 1.

9. The 1930 Garcia Conveyance describes the Rio Grande as the west boundary of the tract that Garcia conveyed to the MRGCD. See 1930 Garcia Conveyance at 1. See also April 11 Tr....