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41a (Owens, J., dissenting from denial of rehearing en banc) (“Tailored to the unique problems .
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.”).
“As separate sovereigns pre-existing the Constitution, tribes have historically been regarded as unconstrained by those constitutional provisions framed specifically as limitations on federal or state authority.” , 554 U.
In ICRA, however, Congress accorded a range of procedural safeguards to tribal-court defendants “similar, but not identical, to those contained in the Bill of Rights and the Fourteenth Amendment.” at 62–63 (ICRA “modified the safeguards of the Bill of Rights to fit the unique political, cultural, and economic needs of tribal governments”).
“Both Nichols’s and Bryant’s uncounseled convictions ‘comport’ with the Sixth Amendment, and for indicates that use of Bryant’s uncounseled tribal-court convictions in his §117(a) prosecution did not “transform his prior, valid, tribal court convictions into new, invalid, federal ones.” App.
There is no reason to suppose that tribal-court proceedings are less reliable when a sentence of a year’s imprisonment is imposed than when the punishment is merely a fine.For most of his convictions, he was sentenced to terms of imprisonment not exceeding one year’s duration.