DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
013695P.pdf 03/24/2003 United States v. Billy Jo Lara
U.S. Court of Appeals Case No: 01-3695
District of North Dakota
Criminal case - criminal law. In an opinion for the court
en banc, Judge Wollman finds federal indictment of a
non-tribal member for assault of a federal officer
following his conviction in tribal court for assaulting
the officer violated the Double Jeopardy Clause ; tribe's
authority to try a nonmember came from power delegated
to it by Congress, and since the source of the tribe's
authority and the government's criminal jurisdiction were
the same, a second prosecution for the same act is barred by
the protection against double jeopardy. Dissent by Judge
Morris Sheppard Arnold, joined by Judge Bowman,
Judge Murphy and Judge Smith.
013695P.pdf 06/24/2002 United States v. Billy Jo Lara
U.S. Court of Appeals Case No: 01-3695
District of North Dakota
Criminal case - criminal law. Federal prosecution did not duplicate tribal
court conviction and was not barred by the Double Jeopardy Clause;
dissent by Chief Judge Hansen.