and Submitted July 10, 2017 Portland, Oregon
from the United States District Court No. 1:15-cr-00062-SPW-1
for the District of Montana Susan P. Watters, District Judge,
L. Kelleher (argued), Kelleher Law Office, Billings, Montana,
Timothy Dake (argued), Assistant United States Attorney,
United States Attorney's Office, Great Falls, Montana,
Before: Paul J. Watford and John B. Owens, Circuit Judges,
and Vince G. Chhabria, [*] District Judge.
panel affirmed the defendant's convictions for strangling
and assaulting his wife, in a case in which the district
court compelled the defendant's wife to testify against
panel rejected the defendant's argument that the Supreme
Court in Trammel v. United States, 445 U.S. 40
(1980), effectively overruled the holding in Wyatt v.
United States, 362 U.S. 525 (1960), that a court can
compel a witness to testify against her spouse when she is
the victim of the crime.
Leon Seminole ("Seminole"), an enrolled member of
the Northern Cheyenne Tribe, appeals from his jury trial
convictions for strangling and assaulting his wife in
violation of 18 U.S.C. §§ 113(a)(8) and 113(a)(7).
He contends that the trial court erred by compelling his wife
- the domestic violence victim - to testify against him. The
trial court did not err, so we affirm.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Strangulation and Assault
and his common-law wife Maxine Limberhand
("Limberhand") had a history of problems, and by
August 2014, Limberhand needed a change - she planned on
moving out of their house. On August 17, 2014, Limberhand
drove with her brother Enoch and his ...