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U.S. v. Wahchumwah |
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This opinion was Amended and Superseded on Denial of Rehearing by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).
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U.S. v. Wahchumwah |
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.
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U.S. v. Vance Crooked Arm |
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. |
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U.S. v. Top Sky |
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
.
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U.S. v. Todd |
Larry Todd and James Short appeal their convictions for conspiracy to violate the Lacey Act which prohibits the sale of wildlife taken or possessed in violation of federal law--here, The Airborne Hunting Act, 16 U.S.C. § 742j-1 (1976). The court held that the judge's failure to give instructions related to the dates of the alleged acts constituting the conspiracy did not raise an ex post facto challenge since the facts allege only two overt acts that occurred prior to the effective date of the Lacey Act amendments; all of the other acts occurred during the effective period of the amendments and most of the evidence focused on events that occurred within the effective date of the amendments. The appellants also contend that the government failed to establish that the game taken had a market value in excess of $350. The court held that the evidence was insufficient to support Short's conviction under the substantive violation of the Lacey Act because the government offered no evidence that the value of the dead eagle, deer, or javelina exceeded $350.
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U.S. v. Thirty-Eight Golden Eagles |
Defendant appeals a civil forfeiture action under the BGEPA. In applying the three-part
Callahan
test to defendant's free exercise claim, the court holds that while defendant's religious exercise is substantially burdened, the government has a compelling interest in protecting a rare species and effectuates this interest in the least restrictive means. The court declines to consider defendant's free exercise challenge to the permit process, as defendant failed to apply for a permit and thus lacks standing. For further discussion on religious challenges to the BGEPA by Native Americans, see
Detailed Discussion of Eagle Act
.
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U.S. v. Street |
The court held that the "second or subsequent conviction" component of the BGEPA applies to separate convictions charged in a single indictment. For further discussion on the enhanced penalty provision of the BGEPA, see
Detailed Discussion of Eagle Act.
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U.S. v. St. Pierre |
Defendant challenged his felony indictment under the MBTA after selling an "invitation stick" that contained golden eagle feathers. The court held that the act encompasses migratory birds parts, not just whole birds so the indictment would stand. However, in a unique decision it held that the imposition of a felony conviction would violate due process where the statute does not specify any degree of intent. As a result, the court said it would sentence defendant under the misdemeanor provision of the statute if convicted. For further discussion on the intersection of the intent component of the MBTA with the BGEPA, see
Detailed Discussion of Eagle Act
.
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U.S. v. Smith |
Defendant was convicted of possessing Bald Eagle feathers in violation of Migratory Bird Treaty Act (MBTA) after receiving the feathers in the mail from a friend to complete a craft project. On appeal, defendant challenged her conviction, alleging that she did not possess the requisite knowledge and that the act itself was vague as to the level of intent, or
scienter
. The court affirmed defendant's conviction finding that the evidence established that defendant knowingly possessed eagle feathers in violation of MBTA, the conviction did not amount to punishment of wholly passive conduct contrary to defendant's suggestion, and that MBTA was not vague nor overbroad with regard to intent. For further discussion on the intersection of the MBTA and the Eagle Act, see
Detailed Discussion of the Eagle Act
.
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U.S. v. Oliver |
Despite delays in receiving eagle parts through the federal permit process, the court rules the BGEPA does not violate the Religious Freedom Restoration Act. There is nothing so peculiar about defendant's situation to allow a one-man exception. For further discussion on religious challenges to the BGEPA by Native Americans, see
Detailed Discussion of Eagle Act
.
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