UNITED STATES v. WHEELER

No. 76-1629.

435 U.S. 313 (1978)

UNITED STATES v. WHEELER.

Supreme Court of United States.

Decided March 22, 1978.


Attorney(s) appearing for the Case

Stephen L. Urbanczyk argued the cause for the United States. With him on the brief were Solicitor General McCree, Assistant Attorney General Civiletti, Deputy Solicitor General Barnett, Jerome M. Feit, and Michael W. Farrell.

Thomas W. O'Toole argued the cause and filed a brief for respondent.


MR. JUSTICE STEWART delivered the opinion of the Court.

The question presented in this case is whether the Double Jeopardy Clause of the Fifth Amendment bars the prosecution of an Indian in a federal district court under the Major Crimes Act, 18 U. S. C. § 1153, when he has previously been convicted in a tribal court of a lesser included offense arising out of the same incident.

I

On October 16, 1974, the respondent, a member of the Navajo Tribe...

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