United States v. Michael L. Enas

PREGERSON, Circuit Judge,

with whom Judges TROTT, TASHIMA, and WILLIAM A. FLETCHER, Circuit Judges, join, concurring:

As Judge McKeowns opinion states, the outcome of this case depends on whether the tribal court’s criminal jurisdiction over Michael Enas, a non-member Indian, rests on inherent tribal sovereignty. If the White Mountain Apache Tribe (“the Tribe”) prosecuted Enas pursuant to its inherent sovereign criminal jurisdiction, the dual sovereignty exception would permit the federal government to also prosecute Enas without offending the Double *676Jeopardy Clause. If, however, the Tribe…