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Tribal Control in Federal Sentencing

Tredeau, Emily·2011·California Law Review

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  1. testimony of Prof Kevin K. Washburn), available at http://www.ussc.gov/Legislative-and- PublicAffairs/PublicHearingsand Meetings/20100120-2 1/Washburn_ Testimony.pdf. 155. Fletcher, supra note44, at 19. 156. See, e.g., USSG ch. 5, pt. A, 1. 8. 157. Id. at ch. 5, pt. A, 1. 38, § 2A4.2(a). 158. Id. at ch. 5, pt. A. 159. Id. 160. See id § 2Al.4 (setting base offense level at 12). 161. Id at ch. 5, pt. A. 2011] 175. Duro, 495 U.S. at 693 ("A tribe's . . . authority comes from the consent of its members, and so in the criminal sphere membership marks the bounds of tribal authority."). 176. Congress cannot legislate without bicameralism and presentment. See Chadha v. INS, 462 U.S. 919, 953 (1983). 177. Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 210 (1978) (emphasis added). 178. Duro, 495 U.S. at 698;
  2. U.S.C. § 1301(2) (2006) (codifying Duro fix). See also Hicks, 533 U.S. at 358-60 (discussing decisional law limiting tribal jurisdiction over nonmembers). 179. U.S. CONST. art. 1, § 1. 180. J.W. Hampton, Jr., & Co. v. United States, 276 U.S. 394, 409 (1928).

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Authors
Tredeau, E.
Venue
California Law Review
Publisher
California Law Review
Published
2011
References
0

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