United States v. Wheeler (1978)

For other uses, see United States v. Wheeler.

United States v. Wheeler
Supreme Court of the United States
Argued January 11, 1978
Decided March 22, 1978
Full case nameUnited States v. Anthony Robert Wheeler
Citations435 U.S. 313 (more)
98 S. Ct. 1079; 55 L. Ed. 2d 303; 1978 U.S. LEXIS 72
Case history
Prior545 F.2d 1255 (9th Cir. 1976), ref'g[clarification needed] and rehearing en banc denied Mar. 23, 1977
Holding
The Fifth Amendment's Double Jeopardy Clause does not prevent prosecution by both an Indian tribe and the federal government of the United States.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinion
MajorityStewart, joined by Burger, White, Marshall, Blackmun, Powell, Rehnquist, Stevens
Brennan took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. V

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]

  1. ^ United States v. Wheeler, 435 U.S. 313 (1978).