10th Circuit won't help Pueblo man avoid criminal sentence

Monday, May 14, 2012  

A man from Nambe Pueblo in New Mexico who was sentenced to eight years by his tribe's court was turned away by the 10th Circuit Court of Appeals last Thursday.

The Indian Civil Rights Act limits tribal court sentences to one year. Nevertheless, Ronald Romero spent over a year in a tribal detention facility when he was indicted on a federal charge of assaulting an officer.

Romero challenged his federal conviction on the grounds that he shouldn't have been incarcerated in the first place. But the 10th Circuit said his petition was moot because the Nambe Pueblo court commuted its lengthy sentence after learning of the federal indictment.

Romero was subsequently convicted of the federal assault charge. He is currently serving a 51-month sentence.

The new Tribal Law and Order Act authorizes tribal court sentences of up to three years. Tribes must comply with certain requirements if they wish to impose harsher punishments.

Turtle Talk has posted briefs from the case, Romero v. Goodrich.

10th Circuit Decision:
Romero v. Goodrich (May 10, 2012)

Related Stories:
Pueblo man convicted of assaulting prison guard in tribal facility (9/3)
Pueblo man fights eight-year sentence issued by tribal court (6/11)