U.S. v. ENAS

No. 99-10049.

204 F.3d 915 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Michael L. ENAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 2000


Attorney(s) appearing for the Case

Diane Humetewa, Assistant United States Attorney, Phoenix, Arizona; and Richard A. Friedman, United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

Sigmund G. Popko, Assistant Federal Public Defender, Phoenix, Arizona, for the defendant-appellee.

Before: Bright, Pregerson, and W. Fletcher, Circuit Judges.


BRIGHT, Circuit Judge:

An Indian tribal court convicted Michael Enas, a non-member Indian, on two charges of assault. When the government of the United States subsequently indicted Enas for the same crimes, the district court dismissed the indictment holding that the second prosecution would violate the Fifth Amendment's prohibition against double jeopardy. The government appeals.

The outcome of this case depends on whether the tribal court's criminal jurisdiction...

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