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Latest comment: 6 years ago3 comments3 people in discussion
An Indian agent reported him to the authorities – not found in any citation (the inline cite is to the statute)
As the treaty also superseded state law, the Court vacated the original judgement coram nobis and remitted the case back to the United States District Court for the District of Minnesota. – correct me if I'm wrong – coram nobis is a very specific legal term, and nowhere in the Court's opinion did it appear. Where was that term sourced from?
Based on this direction, the District Court overrode its original judgement and found that the seizure was legal. – this statement cites to the Supreme Court's opinion, which didn't (and couldn't, since it was issued before the District Court would have "overrode its original judgement") say anything about what the District Court "did", only what it should do
Lariviere was also sentenced to two years imprisonment as a result. – I'm highly doubtful that this happened. This statement cites to [1], which notes: "Congress declares that anyone who gives unlicensed whiskey to “Indian country” is going to prison for 2 years." The statute in question (Act of March 15, 1864, 13 Stat. 29, as the Supreme Court opinion cites) provides that violators "shall be imprisoned for a period not exceeding two years" (emphasis added). I can find no reliable source that supports that Lariviere was sentenced to two years, or even that Lariviere was criminally convicted; this was a civil forfeiture case.
