not an "absolute requirement,” nor necessarily determinative, when the indictment adequately put the defendant on notice of his classification as an Indian); Robert N. Clinton, Criminal Jurisdiction Over Indian Lands: A Journey Through a Jurisdictional Maze, 18 Ariz. L.Rev. 503, 516 (1976). The Eighth Circuit, which considers the determination of Indian or non-Indian status a conclusion of law, has broken the test into four factors which are, in declining order of importance: "1) tribal enrollment; 2) government recognition formally and informally through receipt of assistance reserved only to Indians; 3) enjoyment of the benefits of tribal affiliation; and 4) social recognition as an Indian through residence on a reservation and participation in Indian social life.” Unit h Cir.1992) (<HOLDING>); United States v. Dodge, 538 F.2d 770, 786-87
holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment holding that facts conclusively proved that the defendant and victim were enrolled indians within the meaning of  1153 holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon holding the harmed victim need not be the victim of the offense of conviction