Native American Offenders Under the Federal Sentencing Guidelines

Kevin R. Blackwell, U.S. Sentencing Commission

ABSTRACT
Native American criminal offenders are in unique situations throughout this nation. For Native Americans residing on reservations, there are three possible jurisdictions for handling criminal cases because of the laws governing the reservations they inhabit; federal, state, and tribal courts. Offenders who are subject to being sentenced under federal jurisdiction are in a unique circumstance because they are often sentenced under rules and guidelines that were, for the most part, created to handle different types of offenders. This study will look at the effect of the federal sentencing guidelines on the sentencing of Native American offenders. Specifically, the affect of Congressional directives on the sentencing of Native Americans under the Sexual Abuse Guidelines will be examined.

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Updated 05/20/2006