"Tribal Courts May Impose Cumulative Terms Exceeding One Year

The Ninth Circuit confirmed in August that tribal courts may render consecutive prison terms cumulatively exceeding one year for multiple criminal violations arising from a single criminal transaction. In Miranda v. Anchando, 654 F.3d 911 (9th Cir. 2011), the court overruled a federal district court in Arizona, which had held that the Indian Civil Rights Act (“ICRA”) barred the Pascua Yaqui Tribal Court from imposing more than a year sentence as a result of “single criminal transaction.”

Beatrice Miranda, an enrolled member of the Pascua Yaqui Tribe, was arrested for a 2008 knife-wielding chase of a teen through the reservation. After threats to the teen (who Miranda believed was mocking her) and the teen’s sister, the teen hit Miranda “squarely” in the face with a basketball. Miranda continued to threaten the teen, and then her sister. Police arrived and arrested Miranda, who was charged by the tribe with eight violations of the Pascua Yaqui Tribal Criminal Code, found guilty, and sentenced to 910 days in prison as follows: (1) two consecutive 365–day terms on the aggravated assault counts; (2) two consecutive 90-day terms on the threatening and intimidating counts; (3) two concurrent 60-day terms on the endangerment counts; and (4) two concurrent 30-day terms on the disorderly conduct counts.

Miranda appealed through the Pascua Yaqui Tribe Court of Appeals, arguing in part that her 910-day sentence violated ICRA, which the tribal appellate court rejected. Miranda went to federal court to try and have her sentence overturned on the same grounds."

Get the Story:
Anthony Broadman: Ninth Circuit Court of Appeals Weekly Roundup – October 31 – November 6 (Indian Country Today 11/2)