United States v. Lara

After the Supreme Court's decision in Duro v. Reina limited tribal criminal jurisdiction, Congress passed legislation allowing tribes to prosecute all Indians, including nonmembers of the tribe. Lara (defendant), a member of the Turtle Mountain Band of Chippewa, was prosecuted under this legislation by the Spirit Lake Tribe, then separately charged in federal court for the same conduct. Lara argued the second prosecution violated the Double Jeopardy Clause, contending the congressional amendment merely delegated federal authority to the tribe rather than restoring its own inherent power. The en banc Eighth Circuit agreed with Lara, and the Supreme Court granted certiorari.