654 F.3d 911
9th Cir.2011Background
- Miranda, Pascua Yaqui Tribe member, was on the Pascua Yaqui Reservation when she chased a minor with a knife after a confrontation.
- Bridget and M.V. witnessed Miranda's threats; M.V. tossed a basketball striking Miranda in the face.
- Tribe charged Miranda with eight tribal-criminal-code violations arising from a single transaction: two endangerment, two threatening and intimidating, two aggravated assault, and two disorderly conduct counts.
- Pascua Yaqui Tribal Court convicted Miranda on all counts and sentenced her to 910 days total: two consecutive 365-day terms, two consecutive 90-day terms, and two sets of shorter concurrent terms.
- Time served reduced the sentence by 114 days; the tribal appellate court affirmed the conviction and sentence.
- Petitioner then filed an amended habeas petition arguing § 1302(7) of the Indian Civil Rights Act prohibited such consecutive sentences; the district court agreed with a broader interpretation; the Ninth Circuit reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of appellate rights via objections | Miranda | Anchondo/Nielsen | Untimely objections do not automatically waive appeal rights |
| Interpretation of ICRA § 1302(7) meaning of 'any one offense' | Miranda | Anchondo/Nielsen | Unambiguous: up to one year per offense; per-violation confinement allowed |
Key Cases Cited
- Spears v. Red Lake Band of Chippewa Indians, 363 F. Supp. 2d 1176 (D. Minn. 2005) (court adopted Spears reasoning on ICRA § 1302(7))
- Bell v. United States, 349 U.S. 81 (Supreme Court 1955) (time of legislation context for 'offense' interpretation)
- Blockburger v. United States, 284 U.S. 299 (Supreme Court 1932) (same act may violate distinct provisions; test for two offenses)
- Gore v. United States, 357 U.S. 386 (Supreme Court 1958) (separate offenses can arise from single transactions)
- Perrin v. United States, 444 U.S. 37 (Supreme Court 1979) (ordinary meaning of statute terms in interpretation)
- Erlenbaugh v. United States, 409 U.S. 239 (Supreme Court 1972) (interpretation and pari materia in statutory construction)