United States v. Long

DECISION AND ORDER

ADELMAN, District Judge.

Defendant Frank Long, an American Indian, moves to dismiss a federal indictment on the ground that the prosecution of him by the United States violates the Double Jeopardy Clause because the Menominee Indian Tribe previously prosecuted and convicted him of the same offense. Magistrate Judge Patricia A. Gorence recommended that I deny the motion, and defendant objected to her recommendation. I review the portion of the recommendation to which defendant objected de novo. 28 U.S.C. § 636(b)(1); United States v. Raddatz, 447 U.S. 667, 673-676, 100 S.Ct.…