USA v. Yankton Sioux Tribe, (8th Cir. 1999)

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United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 98-3170

United States of America, Plaintiff-Appellee, v. William H. Weddell; Defendant, Yankton Sioux Tribe, Marty, South Dakota, Garnishee-Appellant.

Submitted: May 11, 1999 Filed: May 20, 1999

Before McMILLIAN, HEANEY, and FAGG, Circuit Judges.

PER CURIAM.

Yankton Sioux Tribe appeals the district court's denial of the Tribe's motion to dismiss the Government's postjudgment garnishment of a tribal employee under the Federal Debt Collection Procedures Act on the basis of the Tribe's sovereign immunity. Having reviewed the record and the parties' briefs, we are satisfied the district court's ruling that the Act waives the Tribe's sovereign immunity was correct. We also

conclude that an extended discussion is not warranted. We thus affirm for the reasons stated by the district court. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States

District Court for the District

of South Dakota.

[UNPUBLISHED]

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