Tribal convictions can be basis for upward sentencing variance

Norton v. Ute Indian Tribe of the Uintah and Ouray Reservation, 862 F.3d 1236 (7/11/17) (Ut.) (Published) - The 10th says" "nearly five decades of tribal cases applying the Indian Civil Rights Act show that tribal courts protect the rights of both member and nonmember litigants in much the same way as do federal and state courts." The probation office, the government, and courts could rely on this to justify an upward variance based on tribal convictions.