United States v. Wheeler (1978)

United States v. Wheeler, 435 U.S. 313 (1978), was a United States Supreme Court case in which the Court held the Double Jeopardy Clause does not bar the federal prosecution of a Native American (Indian) who has already been prosecuted by the tribe.[1] In 1974, Anthony Robert Wheeler, a member of the Navajo tribe, was charged with disorderly conduct through the tribal justice system.On October 18, 1974, Wheeler pleaded guilty to that charge and to contributing to the delinquency of a minor.Stewart noted that the issue was whether an Indian tribe had the inherent sovereignty to punish tribal members for offenses.He observed that unless the power was withdrawn by treaty or statute, the tribe retained that authority.
United States v. WheelerSupreme Court of the United StatesL. Ed. 2dU.S. LEXIS9th Cir.Double Jeopardy Clausefederal government of the United StatesWarren E. BurgerWilliam J. Brennan Jr.Potter StewartByron WhiteThurgood MarshallHarry BlackmunLewis F. Powell Jr.William RehnquistJohn P. StevensUnited States Supreme CourtNative American (Indian)Navajo tribegrand jurystatutory rapedouble jeopardyUnited States District CourtNinth Circuit Court of Appeals