Denezpi v. United States, 596 U.S. ___ (2022)
The Bureau of Indian Affairs filed a CFR court complaint against Denezpi, a member of the Navajo Nation, charging Denezpi with crimes alleged to have occurred within the Ute Mountain Ute Reservation: assault and battery, terroristic threats, and false imprisonment. CFR courts administer justice for Indian tribes where tribal courts have not been established. Denezpi pleaded guilty to assault and battery and was sentenced to time served. Months later, a federal grand jury indicted Denezpi for aggravated sexual abuse in Indian country, under the federal Major Crimes Act. Denezpi unsuccessfully argued that the Double Jeopardy Clause barred the consecutive prosecution and was sentenced to 360 months’ imprisonment.
The Tenth Circuit and Supreme Court affirmed. The Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them. Denezpi’s single act transgressed two laws: the Ute Mountain Ute Code’s assault and battery ordinance and the U.S. Code’s proscription of aggravated sexual abuse in Indian country. The two laws—defined by separate sovereigns—proscribe separate offenses, so Denezpi’s second prosecution did not place him in jeopardy again “for the same offence.” The Court did not address whether CFR prosecutors exercise tribal or federal authority because the Double Jeopardy Clause does not prohibit successive prosecutions by the same sovereign but only prohibits successive prosecutions “for the same offence.” The Double Jeopardy Clause does not ask who puts a person in jeopardy; it focuses on what the person is put in jeopardy for.
The Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them.
SUPREME COURT OF THE UNITED STATES
Syllabus
Denezpi v. United States
certiorari to the united states court of appeals for the tenth circuit
No. 20–7622. Argued February 22, 2022—Decided June 13, 2022
An officer with the federal Bureau of Indian Affairs filed a criminal complaint against Merle Denezpi, a member of the Navajo Nation, charging Denezpi with three crimes alleged to have occurred at a house located within the Ute Mountain Ute Reservation: assault and battery, in violation of 6 Ute Mountain Ute Code §2; terroristic threats, in violation of 25 CFR §11.402; and false imprisonment, in violation of 25 CFR §11.404. The complaint was filed in a CFR court, a court which administers justice for Indian tribes in certain parts of Indian country “where tribal courts have not been established.” §11.102. Denezpi pleaded guilty to the assault and battery charge and was sentenced to time served—140 days’ imprisonment. Six months later, a federal grand jury in the District of Colorado indicted Denezpi on one count of aggravated sexual abuse in Indian country, an offense covered by the federal Major Crimes Act. Denezpi moved to dismiss the indictment, arguing that the Double Jeopardy Clause barred the consecutive prosecution. The District Court denied Denezpi’s motion. Denezpi was convicted and sentenced to 360 months’ imprisonment. The Tenth Circuit affirmed.
Held: The Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them. Pp. 4–13.
(a) The Double Jeopardy Clause of the Fifth Amendment provides: “No person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb.” By its terms, the Clause does not prohibit twice placing a person in jeopardy “ ‘for the same conduct or actions,’ ” Gamble v. United States, 587 U. S. ___, ___, but focuses on whether successive prosecutions are for the same “offence.” In 1791, “offence” meant the violation of a law. See ibid. Because the sovereign source of a law is an inherent and distinctive feature of the law itself, an offense defined by one sovereign is necessarily a different offense from that of another sovereign. See id., at ___. The two offenses can therefore be separately prosecuted without offending the Double Jeopardy Clause—even if they have identical elements and could not be separately prosecuted if enacted by a single sovereign. See id., at ___, n. 1, ___. This dual-sovereignty principle applies where “two entities derive their power to punish from wholly independent sources.” Puerto Rico v. Sánchez Valle, 579 U.S. 59, 68.
Denezpi’s single act transgressed two laws: the Ute Mountain Ute Code’s assault and battery ordinance and the United States Code’s proscription of aggravated sexual abuse in Indian country. The Ute Mountain Ute Tribe exercised its “unique” sovereign authority in adopting the tribal ordinance. See United States v. Wheeler, 435 U.S. 313, 323. Likewise, Congress exercised the United States’ sovereign power in enacting the federal criminal statute. See United States v. Lanza, 260 U.S. 377, 382. The two laws—defined by separate sovereigns—proscribe separate offenses, so Denezpi’s second prosecution did not place him in jeopardy again “for the same offence.” Pp. 4–6.
(b) Denezpi argues that the dual-sovereignty doctrine applies only when offenses are enacted and enforced by separate sovereigns. He insists that his second prosecution violated double jeopardy, then, because prosecutors in CFR courts exercise federal authority, which means that he was prosecuted twice by the United States. The Court need not decide whether prosecutors in CFR courts exercise tribal or federal authority because the Double Jeopardy Clause does not prohibit successive prosecutions by the same sovereign; rather, it prohibits successive prosecutions “for the same offence.” Thus, even if Denezpi is right that the Federal Government prosecuted his tribal offense, the Clause did not bar the Federal Government from prosecuting him under the Major Crimes Act too. The Double Jeopardy Clause does not ask who puts a person in jeopardy. It zeroes in on what the person is put in jeopardy for: the “offence.” The Court has seen no evidence that “offence” was originally understood to encompass both the violation of the law and the identity of the prosecutor.
Denezpi stitches together loose language from the Court’s precedent to support his position that the identity of the prosecuting sovereign matters under the dual-sovereignty doctrine. No precedent cited by Denezpi involves or even mentions the unusual situation of a single sovereign successively prosecuting its own law and that of a different sovereign. In any event, imprecise statements cannot overcome the holdings of the Court’s cases, not to mention the text of the Clause. Those authorities make clear that enactment is what counts in determining whether the dual-sovereignty doctrine applies. Denezpi’s reliance on Bartkus v. Illinois, 359 U.S. 121, is misplaced. At most, Bartkus acknowledged that successive federal prosecutions for the same conduct would raise a double jeopardy question, but Bartkus did not begin to analyze, much less answer, that question.
Denezpi’s remaining arguments are unavailing. Denezpi first points to the Government’s exclusion of Major Crimes Act felonies from the federal regulatory offenses enforceable in CFR court in order to avoid double jeopardy concerns. He asserts that this “limitation borders on a concession that the Double Jeopardy Clause bars [his] second prosecution.” Brief for Petitioner 29. Not so. Federal regulatory crimes are defined by the Federal Government, so successive prosecutions for a federal regulatory crime and a federal statutory crime present a different double jeopardy question from the one here.
Next, Denezpi argues that permitting successive prosecutions like his “does not further the purposes underlying the dual-sovereignty doctrine,” namely, advancing sovereigns’ independent interests. Id., at 28–29. Purposes aside, the doctrine “follows from” the Clause’s text, which controls. Gamble, 587 U. S., at ___–___. In any event, the Tribe’s sovereign interest is furthered when its assault and battery ordinance—duly enacted by its governing body as an expression of the Tribe’s condemnation of that crime—is enforced, regardless of who enforces it.
Finally, Denezpi asserts that the Court’s conclusion might lead sovereigns to assume more broadly the authority to enforce other sovereigns’ criminal laws in order to get two bites at the apple. If a constitutional barrier to such cross-enforcement exists, it does not derive from the Double Jeopardy Clause. Pp. 6–13.
979 F.3d 777, affirmed.
Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined as to Parts I and III.
JUDGMENT ISSUED |
Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined as to Parts I and III. |
Letter of United States submitted. |
Letter of the Solicitor General correcting a statement made by counsel for the government at oral argument filed. (Distributed) |
Argued. For petitioner: Michael B. Kimberly, Washington, D. C. For respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
Reply of Merle Denezpi submitted. |
Reply of petitioner Merle Denezpi filed. (Distributed) |
Amicus brief of Former United States Attorneys John C. Anderson, Michael W. Cotter, D. Michael Dunavant, Troy A. Eid, Halsey B. Frank, Barry R. Grissom, Thomas B. Heffelfinger, John W. Huber, David C. Iglesias, Brendan V. Johnson, Brian J. Kuester, Erica H. MacDonald, Robert G. McCampbell, Wendy J. Olson, Ronald A. Parsons, Jr., Timothy Q. Purdon, Bryan D. Schroder, R. Trent Shores, and Billy J. Williams submitted. |
Amicus brief of States of Colorado, Nebraska, Nevada, and Utah submitted. |
Amicus brief of Federal Indian Law Scholars and Historians submitted. |
Amicus brief of Ute Mountain Ute Tribe, Eastern Shawnee Tribe of Oklahoma, Otoe-Missouria Tribe of Indians submitted. |
CIRCULATED |
Amicus brief of National Indigenous Women's Resource Center and the National Congress of American Indians submitted. |
Brief amici curiae of National Indigenous Women's Resource Center and the National Congress of American Indians filed. (Distributed) |
Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed) |
Brief amici curiae of Ute Mountain Ute Tribe, Eastern Shawnee Tribe of Oklahoma, Otoe-Missouria Tribe of Indians filed. (Distributed) |
Brief amici curiae of States of Colorado, Nebraska, Nevada, and Utah filed. (Distributed) |
Brief amici curiae of Former United States Attorneys John C. Anderson, et al. filed. (Distributed) |
Brief of respondent United States filed. |
Record requested from the U.S.C.A. 10th Circuit. |
ARGUMENT SET FOR Tuesday, February 22, 2022. |
Amicus brief of National Association of Criminal Defense Lawyers submitted. |
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
Brief of petitioner Merle Denezpi filed. |
Brief of Merle Denezpi submitted. |
Joint Appendix submitted. |
Joint appendix filed. |
Joint appendix filed (statement of cost filed.) |
Motion of Merle Denezpi for an extension of time submitted. |
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2021. The time to file respondent's brief on the merits is extended to and including January 11, 2022. |
Joint motion for an extension of time to file the briefs on the merits filed. |
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
DISTRIBUTED for Conference of 10/15/2021. |
DISTRIBUTED for Conference of 10/8/2021. |
DISTRIBUTED for Conference of 9/27/2021. |
Brief of respondent United States in opposition filed. |
Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021. |
Motion to extend the time to file a response from June 18, 2021 to July 19, 2021, submitted to The Clerk. |
Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021. |
Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk. |
Response Requested. (Due May 19, 2021) |
DISTRIBUTED for Conference of 4/23/2021. |
Waiver of right of respondent United States to respond filed. |
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021) |