United States v. Anthony Robert Wheeler

SNEED, Circuit Judge:

This case presents the question whether Indian tribal courts and federal district courts are “arms of different sovereigns” for purposes of the Double Jeopardy Clause. 1 We hold that they are not arms of separate sovereigns and, therefore, that an individual cannot be tried for the same offense before both an Indian tribal court and a court of the United States Government. Furthermore, we hold that the guarantee against double jeopardy has been violated in this case.

The defendant, a Navajo Indian, plead guilty in Navajo tribal court on October 18, 1974 to charges of…