Merle Denezpi pled guilty to violations of the Ute Mountain Ute Code in a CFR Court. He was then indicted on a federal charge for the same conduct six months later. Denezpi moved to dismiss the federal indictment, claiming it was in violation of the Double Jeopardy Clause, but the District Court denied his motion, and he was ultimate convicted and sentenced to an additional 360 months of incarceration. On appeal, the Tenth Circuit affirmed.
The Supreme Court also affirmed. The Double Jeopardy Clause prohibits successive prosecutions for the same offense, but not for the same conduct. Offenses defined by separate sovereigns are separate offenses and can therefore be separately prosecuted, even if their elements are identical. Nor is it relevant to the analysis whether the same entity prosecuted both offenses, as the Double Jeopardy Clause considers only whether the offenses themselves are the same.
Justice Gorsuch dissented, noting that the CFR court that prosecuted Denezpi drew its authority directly from the federal government and had a long history of subjugating, not acknowledging the sovereignty of, the native tribes. Justices Sotomayor and Kagan joined this part of his dissent, but did not join Justice Gorsuch’s assertion that Denezpi had not initially been prosecuted for a tribal offense at all but rather for a federal regulatory offense.
Certiorari to the Court of Appeals for the Tenth Circuit
Opinion by Barrett, joined by Roberts, Thomas, Breyer, Alito, and Kavanaugh
Dissent by Gorsuch, joined in part by Sotomayor and Kagan
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