Chaser

MEMORANDUM ***

David Chaser, a member of the Fort Peck Indian tribe, entered a conditional plea of guilty to two counts of assault with a deadly weapon after the district court denied his motion to dismiss Count One of the Indictment on the ground of double jeopardy. He now appeals that issue. We have jurisdiction under 28 U.S.C. § 1291 and AFFIRM the decision of the district court.

Because the parties are familiar with the facts of this case, we recount them here only as necessary to explain our decision. *686 Whether a prosecution is barred by the ban on double jeopardy is a question of law which we review de novo. See, e.g., United States v. Byrne, 203 F.3d 671, 673 (9th Cir.2000).

The Double Jeopardy Clause does not prevent separate sovereigns from prosecuting an individual for offenses arising from the same conduct. See, e.g., Abbate v. United States, 359 U.S. 187 , 79 S.Ct. 666 , 3 L.Ed.2d 729 (1959). The Supreme Court has held that Indian tribes qualify as separate sovereigns when they proceed under their inherent authority to prosecute tribal members. See United States v. Wheeler, 435 U.S. 313 , 98 S.Ct. 1079 , 55 L.Ed.2d 303 (1978). Because Chaser is an enrolled Fort…