Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| U.S. v. Tomono | 143 F.3d 1401 (11th Cir. 1998) |
Kei Tomono pleaded guilty to violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(1) & 3373(d)(1)(B), and the federal anti-smuggling statute, 18 U.S.C. § 545, in connection with his illegal importation of reptiles. At sentencing, the district court granted a three-level downward departure for what it termed "cultural differences." The court held that "cultural differences" were not significant enough to remove this case from the body of cases contemplated by the Sentencing Guidelines so as to allow for downward departure. |
Case | |
| U.S. v. Top Sky | 547 F.2d 486 (9th Cir. 1976) |
Defendant alleged that his treaty-based hunting rights incorporate a right to sell eagles. The court disagreed, finding such an interpretation of those treaty rights contrary to Indian custom and religion. Court also holds that defendant lacks standing to raise a religious challenge to the BGEPA based on the religious rights of others. Court is likewise unpersuaded by defendant's overbreadth claim. For further discussion on the abrogation of Indian treaty rights under the BGEPA, see Detailed Discussion of Eagle Act . |
Case | |
| U.S. v. Vance Crooked Arm | 788 F.3d 1065 (9th Cir. 2015) | 2015 WL 3542707 (9th Cir. 2015) | A grand jury indicted Defendants on multiple counts of, among other things, knowingly and willfully conspiring to kill, transport, offer for sale, and sell migratory birds, including bald and golden eagles, in violation of the Migratory Bird Treaty Act (MBTA) (Count I) and unlawfully trafficking in migratory bird parts (Count II – IV). On appeal, as at the district court, Defendants argued that the counts to which they pled guilty were improperly charged as felonies because it was only a misdemeanor under the MBTA to sell migratory bird feathers. The court concluded first, that even under Defendants' interpretation of the MBTA, Count I charged a felony; and, second, that in regard to Count II, the allegations stated a misdemeanor only, not a felony. Accordingly, the court affirmed in part, as to Count I, but reversed in part as to Count II. The court also vacated the sentence on both Counts, vacated the felony conviction on Count II, and remanded for proceedings consistent with this opinion. On remand, the Defendants were given the option to withdraw their guilty pleas with regard to Count II, or the district court might consider whether to resentence their convictions on that count as misdemeanors. | Case |
| U.S. v. Wahchumwah | 710 F.3d 862 (9th Cir., 2012) | 13 Cal. Daily Op. Serv. 2304, 2013 Daily Journal D.A.R. 2747 |
The United States Fish and Wildlife Services investigated a tip that the defendant was selling eagle parts in violation of the Bald and Golden Eagle Protection Act. Upon appeal, the defendant argued that his Fourth Amendment rights were violated by the undercover agent’s warrantless use of a concealed audio visual device to record the transaction inside the defendant’s home, but the appeals court disagreed. However, the appeals court reversed the defendant's conviction on Counts 2 or 3 and Counts 4 or 5 because those counts were multiplicitous. |
Case |
| U.S. v. Wahchumwah | 704 F.3d 606 (C.A.9 (Wash.)) | 2012 WL 5951624 (C.A.9 (Wash.)) |
After a government agent recorded a sale of eagle parts using a concealed audio visual device, the agent obtained a warrant and arrested the defendant for violating the Bald and Golden Eagle Protection Act. Upon appeal, the defendant challenged his jury conviction arguing two Constitutional violations, a Federal Rules of Evidence violation, and multiplicitous counts. The appeals court affirmed the jury conviction on all claims except the multiplicitous counts claim; this conviction was reversed. This opinion was Amended and Superseded on Denial of Rehearing by U.S. v. Wahchumwah , 710 F.3d 862 (9th Cir., 2012). |
Case |
| U.S. v. White | 508 F.2d 453 (8th Cir. 1974) |
Defendant was a member of a recognized Indian tribe who killed an eagle upon his reservation. The Court holds that it will not find an intent by Congress to abrogate Indian hunting rights under the BGEPA where the statute did not explicitly state that those rights were abrogated. For further discussion on abrogation of Indian treaty rights under the BGEPA, see Detailed Discussion of Eagle Act . |
Case | |
| U.S. v. Wilgus | 2001 U.S. App. LEXIS 17700; 32 ELR 20031; 2001 Colo. J. C.A.R. 3976 (10th Cir. 2001) |
This opinion was vacated by the Hardman order. Defendant was not a member of a federally-recognized tribe nor a person of Native American ancestry, but sincerely practiced Native American religions. In response to Wilgus's free exercise challenge, the court held that the Act is a neutral, generally applicable law, falling within the safe-harbor created by Employment Division v. Smith . For further discussion on the status of formerly recognized tribes under the BGEPA, please see Detailed Discussion. |
Case | |
| U.S. v. Wilgus | 638 F.3d 1274 (C.A.10 (Utah), 2011) | 2011 WL 1126059 (C.A.10 (Utah)) |
Defendant Wilgus, while not a member of a federally-recognized Native American tribe, but a sincere adherent to Native American faiths, was found in possession of 137 eagle feathers during a routine traffic stop, contrary to the Bald and Golden Eagle Protection Act (BGEPA). This case was initially remanded to District Court to determine whether government's scheme to protect eagle-feathers was the least restrictive means of furthering its compelling interests in protecting eagles and Native American religions, as required by the Religious Freedom Restoration Act (RFRA) of 1993. The United States District Court for the District of Utah, 606 F.Supp.2d 1308, held that the scheme violated the RFRA and the Government appealed here. The Court of Appeals found that the government's existing scheme for issuing eagle feather possession permits and enforcing the Eagle Act is the least restrictive means of forwarding the government's compelling interests. |
Case |
| U.S. v. William | Slip Copy, 2008 WL 4587250 (D.Virgin Islands) | Defendants charged with unlawfully taking an endangered species and unlawfully possessing, carrying and transporting an endangered species within the United States in violation of the Endangered Species Act filed motions to suppress all evidence, including undersized lobsters and a sea turtle seized in connection with their stop and arrest after they had been stopped on suspicion of being illegal immigrants. The District Court of the Virgin Islands, Division of St. Croix suppressed the evidence, finding that although the approaching police officer had reasonable suspicion to believe that criminal activity was taking place at the time the stop was made, the subsequent confinement of Defendants and search of their vehicle exceeded the limited purpose of the investigative stop. | Case | |
| U.S. v. Williams | 898 F.2d 727 (9th Cir. 1990) |
Kenneth Ray Williams appealed his conviction for the illegal hunting of moose in violation of the Lacey Act. Williams claimed that his conviction should be overturned because the government failed to establish the validity of use of the wildlife law against a tribe member. The United States argued that there is no need for the government to establish the validity of the law's use against a tribe member. The court affirmed the conviction and held that the government must establish the validity of the use of wildlife laws against tribe members but that similar laws enacted by the tribe can establish this validity. |
Case |