 Lara then requested a rehearing en banc by the full court . The request was granted , and the full court reversed the decision of the three @-@ judge panel , ordering that the federal indictment be dismissed on the grounds of double jeopardy . While the court noted that the Fifth Amendment allowed prosecution by two separate sovereigns , such as the federal government and a state government , it found that an Indian tribe derived its authority to prosecute offenders from the ICRA , which was federal law . The court noted that in previous Supreme Court rulings , the determination of tribal jurisdiction was based on the tribal membership of the individual , not on his race as an Indian . This meant that double jeopardy attached . The United States then appealed to the Supreme Court , which granted certiorari to hear the case . 
