United States v. Wheeler (1978)

United States v. Wheeler
Supreme Court of the United States
Argued January 11, 1978 Decided March 22, 1978
Full case name	United States v. Anthony Robert Wheeler
Citations	435 U.S. 313 (more) 98 S. Ct. 1079; 55 L. Ed. 2d 303; 1978 U.S. LEXIS 72
Case history
Prior	545 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
Majority	Stewart, 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]