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MEANS v. NAVAJO NATION

No. 01-17489.

420 F.3d 1037 (2005)

Russell MEANS, Petitioner-Appellant, v. NAVAJO NATION, a federally recognized Indian Tribe; Ray Gilmore, Judge of the Judicial District of Chinle, Navajo Nation, Arizona; Robert Yazzie, Chief Justice of the Navajo Nation, Respondents-Appellees, and United States of America, Respondent-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn November 19, 2003.

Resubmitted January 28, 2005.

Filed August 23, 2005.

Attorney(s) appearing for the Case

John Trebon, Trebon & Fine, P.C., Flagstaff, AZ, for the appellant.

Donovan D. Brown, Sr., Acting Deputy Assistant Attorney General, Navajo Nation Office of the Attorney General, Window Rock, AZ, for the appellees.

Thomas L. Sansonetti (briefed), Assistant Attorney General, James C. Kilbourne, R. Justin Smith, U.S. Department of Justice, Env. & Nat. Resources Division, Washington, D.C., for the intervenor.

Jon Metropoulos (briefed), Gough, Shanahan, Johnson & Waterman, Helena, MT, for amicus curiae Thomas Lee Morris and Elizabeth S. Morris.

Before: KLEINFELD, RAWLINSON, Circuit Judges, and QUACKENBUSH, District Judge.

KLEINFELD, Circuit Judge.

This case concerns whether an Indian tribe can exercise criminal jurisdiction over a person who is not a member of the tribe, but who is an enrolled member of another Indian tribe.

Facts

This is an appeal from a denial of a petition for a writ of habeas corpus. The petitioner, Russell Means, a member of the Oglala-Sioux Indian Tribe, seeks to prevent the Navajo Nation from criminally...

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