Congress knows how to refer to tribal criminal offenses if it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `criminal offense' means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(6) (July 27, 2006).

Congress knows how to refer to military criminal offenses if it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `criminal offense' means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(6) (July 27, 2006).

Congress knows how to include adjudications of juvenile delinquency when it wishes to do so.

Congress knows how to identify specific jurisdictions when it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `jurisdiction' means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided and subject to the requirements of section 127, a federally recognized Indian tribe." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L.

United States v. Romm, 455 F.3d 990 (9th Cir. Jul. 24, 2006) (border search exception to warrant requirements, allowing government to conduct routine searches of persons entering United States without probable cause, reasonable suspicion, or warrant applies to noncitizen who had attempted to enter Canada, but was turned back; defendant was in same position as any applicant for admission).

United States v. Carty, __ F.3d __ (9th Cir. July 17, 2006) (district court must provide some articulation of its consideration of section 3553(a) factors and explanation of reasons underlying its sentence selection).

Weaver v. Palmateer, __ F.3d __ (9th Cir. July 17, 2006) ("In assessing prejudice [from allegedly ineffective assistance], we do not ask what a defendant might have done had he benefited from clairvoyant counsel;" telling defendant that while he technically could receive probation but probably would not was prudent advice. (Cf, Iaea v. Sunn, 800 F.2d 861, 863-65 (9th Cir.

Roy v. Lampert, __ F.3d __ (9th Cir. July 12, 2006) (petitioners entitled to evidentiary hearing regarding claim that because they were transferred to a prison with a "woefully deficient law library," statute of limitations should be equitably tolled).

Bobb v. Atty Gen. of the United States, __ F.3d __ (9th Cir. Aug. 3, 2006) (to constitute aggravated felony "forgery" under INA 101(a)(43)(R) the offense must be "related to" forgery, i.e., show or establish a logical connection with forgery; a forgery offense does not necessarily require proof of an intent to defraud; 18 U.S.C. 510(b) [exchange of forged Treasury instruments] given as example of a forgery offense that is "related to" forgery, but does not involve fraud), following Drakes v. Zimski, 240 F.3d 246 (3d Cir. 2001).
http://caselaw.lp.findlaw.com/data2/circs/3rd/052891p.pdf

Recio-Prado v. Gonzales, __ F.3d __ (8th Cir. Aug. 2, 2006) (Kansas conviction of discharge of a firearm at an occupied building or vehicle, in violation of Kansas Statute section 21-4219(b), is a crime of moral turpitude).
http://caselaw.lp.findlaw.com/data2/circs/8th/052355p.pdf