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with In-dian Tribes,” not the Senate’s role in approving treaties, nor anything else—gives Congress such sweeping authority.
Indeed, the Court created this new power because it was unable to find an enumerated power justifying the federal Major Crimes Act, which for the first time punished crimes committed by Indians against Indians on Indian land.
In addition to other enumerated protections, ICRA guarantees “due process of law,” 25 U.
The right to counsel under ICRA is not coextensive with the Sixth Amendment right.
In the case under review, Nichols pleaded guilty to a federal felony drug offense.
We rejected Nichols’ contention that, as his later sentence for the federal drug offense involved imprisonment, use of his uncounseled DUI conviction to elevate that sentence violated the Sixth Amendment.
When convicted of these offenses, Bryant was indigent and was not appointed counsel.
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.
Bryant was denied no right to counsel in tribal court, and his Sixth Amendment right was honored in federal court, when he was “adjudicated guilty of the felony offense for which he was imprisoned.” , 535 U.C Respondent Bryant’s conduct is illustrative of the domestic violence problem existing in Indian country.that American Indian and Alaska Native Tribes face, §117(a) provides felony-level punishment for serial domestic violence offenders, and it represents the first true effort to remove these recidivists from the communities that they repeatedly terrorize.”).For most of his convictions, he was sentenced to terms of imprisonment not exceeding one year’s duration.Bryant later stated that he had assaulted this victim on three separate occasions during the two months they dated.