UNITED STATES v. WHEELER

No. 76-1509.

545 F.2d 1255 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony Robert WHEELER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied March 23, 1977.


Attorney(s) appearing for the Case

Daniel R. Drake, Asst. U. S. Atty. (argued), Phoenix, Ariz., for plaintiff-appellant.

Thomas C. Kleinschmidt, Asst. Federal Public Defender, Appointed (argued), Phoenix, Ariz., for defendant-appellee.

Before GOODWIN and SNEED, Circuit Judges, and EAST, District Judge.


Rehearing and Rehearing En Banc Denied March 23, 1977.

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...

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