Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| U.S. v. Crutchfield | 26 F.3d 1098 (11th Cir. 1994) | 39 Fed. R. Evid. Serv. 1206 (1994) |
The court reversed the district court's judgment of convictions against defendants for the illegal importation and the intent to sell iguanas in the United States because of prosecutorial misconduct. The court held that the prosecutor wasted valuable money in pursuing irrelevant testimony, and improperly questioned defendants and their witnesses after repeated warnings from the district court judge. |
Case |
| U.S. v. Dion | 476 U.S. 734 (1986) |
The legislative history surrounding the passage of the BGEPA as well as the plain language of the Act evinces an intent by Congress to abrogate the rights of Indians to take eagles except as otherwise provided by statute. Defendant, a member and resident of the Yankton Sioux Tribe and Reservation, was charged with violations of the BGEPA and ESA after shooting several eagles on the reservation and selling eagle parts. The Court held that any other interpretation would be inconsistent with the need to preserve the species. For further discussion on the abrogation of Indian treaty rights under the BGEPA, see Detailed Discussion of Eagle Act. |
Case | |
| U.S. v. Doyle | 786 F.2d 1440 (9th Cir. 1986) |
Doyle is a physician who lives in Texas and runs a bird rehabilitation center where he breeds captive falcons, hoping to reintroduce them. Here, the evidence was sufficient to sustain a conviction for violation of the Lacey Act making it unlawful for any person to possess and transport in interstate commerce any wildlife taken or transported in violation of any state law (Montana). Although defendant obtained proper state permits to possess and transfer described falcons, defendant was aware that the falcons' origins had been misrepresented; therefore, defendant has sufficient knowledge under the statute. |
Case | |
| U.S. v. Fejes | 232 F.3d 696 (9th Cir. 2000) |
The jury found that Fejes sold caribou in violation of the Lacey Act by providing guide services to two hunters that took the caribou in violation of Alaska law. The court held that a "sale" of wildlife for purposes of 16 U.S.C. § 3373(d)(1)(B) encompasses not only the agreement to provide guide or outfitting services, but also the actual provision of such services. Further, defendant was not entitled to instruction regarding alleged state law requirement that he transport illegally taken caribou because the evidence at trial unquestionably showed that he sold caribou in interstate commerce. |
Case | |
| U.S. v. Felts (unpublished) | Slip Copy, 2012 WL 124390 (N.D.Iowa) |
Defendant kennel operator was found to violate the AWA on multiple occasions when inspected by APHIS representatives. From 2005 to 2009, defendant repeatedly failed inspections where APHIS found that he provided inadequate veterinary care, did not maintain complete records on the dogs, and did not properly maintain the housing facilities for the dogs. The Administrator of APHIS filed and served on Defendant an administrative complaint for violations. Defendant never filed an answer, and so a Default Decision and Order was entered against Defendant. The Plaintiff's Motion for Summary Judgment was granted in part because Defendant failed to file an answer to the administrative complaint, and so was deemed to have admitted the allegations in the complaint. |
Case | |
| U.S. v. FMC Corp. | 572 F.2d 902 (2nd Cir., 1978) | 11 ERC 1316, 8 Envtl. L. Rep. 20, 326 | FMC operated a plant which manufactured various pesticides, requiring large amounts of wastewater which was stored in a pond. The pond attracted waterfowl during migration, some of which died. FMC attempted various measures to keep birds away from the pond. But, the Court held that FMC had engaged in an activity involving the manufacture of a highly toxic chemical and had failed to prevent this chemical from escaping into the pond and killing birds. The Court, therefore, held that this was sufficient to impose strict liability on FMC. | Case |
| U.S. v. Fountain | 277 F.3d 714 (5th Cir. 2001) |
Roosevelt Fountain, Sr. ("Fountain") and his daughter, Shirley Fountain Ellison ("Ellison") operated an oyster fishing business in Cameron Parish, Louisiana, called Fountain Seafood, Inc., where their convictions arose from the manner in which they operated the business (i.e., tagging violations, taking of oysters from closed areas, taking of excess limits of oysters, and licensing violations). The indictment further contended that the appellants worked to accomplish this goal by creating false records relating to their oyster sales. The court held that it was not error for no instruction on the term "willfully," since the false record provision refers to "knowingly" as the mens rea requirement. Further, the court held that "materiality" is also not a provision of the Lacey Act's false records provision. |
Case | |
| U.S. v. Friday | 525 F.3d 938 (10th Cir., 2008) | 2008 WL 1971504 (C.A.10 (Wyo.)) |
The Defendant, a member of the Northern Arapaho Tribe of Wyoming, was charged with violating the Eagle Act after he illegally shot a bald eagle for an important religious ritual. The Defendant claimed that prosecution was prevented by the Religious Freedom Restoration Act (RFRA). Friday claimed that the government failed to protect eagles killed when they strike power lines. The Court of Appeals held that the permitting process did not facially violate the RFRA and any difference in government's treatment of Native Americans taking eagles for religious purposes and power companies whose power lines killed eagles did not indicate that government failed to protect eagles in least restrictive manner. |
Case |
| U.S. v. Fryberg | 622 F.2d 1010 (9th Cir. 1980) |
The court finds that the legislative history and surrounding circumstances of the BGEPA evinces a congressional intent to restrict treaty-based rights to hunt eagles. The court aligns itself with Judge Lay's dissent in U.S. v. White to hold that the BGEPA abrogated Indian hunting rights related to eagles. For further discussion on the abrogation of Indian treaty rights under the BGEPA, see Detailed Discussion of Eagle Act. |
Case | |
| U.S. v. Fullmer | 584 F.3d 132 (C.A.3 (N.J.), 2009) | 2009 WL 3273955 (C.A.3 (N.J.)) |
In an issue of first impression, this Court considered whether the Animal Enterprise Protection Act (AEPA) was unconstitutional either on its face or as-applied to defendants. The defendants in this case were an animal rights organization ("SHAC") and six associated individuals. The defendants engaged in direct action ranging from electronic civil disobedience to destroying property at the homes of individuals associated with Huntingdon Life Sciences (a research corporation that performs animal testing for other companies). Defendants argued that the statute has a chilling effect on speech because protestors will refrain from all speech, even protected speech, due to the ambiguity of what the statute proscribes. Thus the Court found that the government provided sufficient evidence to prove that the defendants conspired to violate the AEPA. |
Case |