U.S. v. LONG

No. 02-1473.

324 F.3d 475 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Frank LONG, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 2003.


Attorney(s) appearing for the Case

Richard A. Friedman (argued), DOJ, Crim. Div., App. Sec., Washington, DC, for Plaintiff-Appellant.

Brian P. Mullins (argued), Federal Defender Services of Eastern Wisconsin., Inc., Milwaukee, WI, for Defendant-Appellee.

Before POSNER, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

The narrow question in this case is whether Frank Long, a member of the Menominee Tribe of Wisconsin, can be prosecuted by the United States for the same conduct that was the subject of an earlier tribal prosecution. In order to resolve that issue, however, we must consider the scope of the sovereignty the Menominee Tribe currently enjoys. If the Menominee prosecution is properly characterized as one flowing from independent sovereign...

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