United States of America Ex Rel. Morongo Band of Mission Indians v. Frank Rose

WIGGINS, Circuit Judge:

Appellant Frank Rose appeals the imposition of a $25,000 fine for violations of a bingo ordinance enacted by the Morongo Band of Mission Indians (the “Band”). The case is on its second visit to this court. In the first sojourn, we held that a suit to enforce the tribal ordinance against a non-Indian presented a federal question of the Band’s “disputed ability, under the principles of federal common law, to apply that power against one outside of its community.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1077 (9th Cir.1990) (hereinafter “Morongo I”); see…