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U.S. v. Gonzales |
Court held that defendant has standing to raise a facial challenge to the Indian eagle permit process where he declined to apply for a permit based on the intrusiveness of the questions. Defendant is a member of a highly secretive religious sect of his tribe. In the RFRA analysis, the court held that the permit application was not the least restrictive means of implementing the government's compelling interest where the permit required intrusive information about religious practices. For further discussion on Native American religious challenges to the BGEPA, see
Detailed Discussion of Eagle Act
.
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U.S. v. Gregory (Unpublished Opinion) |
Defendant challenged the search of his residence in a drug raid in which his dog was shot. The court held that the shooting of Gregory's dog was done excusably by an officer who reacted quickly in a potentially dangerous situation to a perceived attack by an animal reasonably believed to be an attack dog. The shooting of the dog did not render the search unreasonable.
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U.S. v. Groody |
In a Lacey Act prosecution for conspiracy to engage in conduct prohibited by the Act, the prosecution need not allege that all the defendants involved committed the underlying substantive violation of the Lacey Act to charge the defendants with conspiracy. Moreover, the alleged overt acts need not be criminal in nature.
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U.S. v. Guthrie |
The court affirmed the decision of the district court which convicted defendant of violations of the Lacey Act (Act) and the Endangered Species Act. The court held that the Act was not unconstitutional, that defendant was not permitted to collaterally challenge an agency regulation on the grounds of new scientific evidence, and that the Secretary of the Interior's finding that the turtle was a valid species was not arbitrary.
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U.S. v. Hackman |
Defendants appealed sentences arising out of a Missouri-based dog-fighting conspiracy. Each man pleaded guilty to conspiring to engage in animal fighting ventures in violation of 18 U.S.C. § 371, and one Defendant additionally pleaded guilty to engaging in animal fighting ventures in violation of 7 U.S.C. § 2156. When sentencing each defendant, the district court applied an upward departure provision found in the application notes to United States Sentencing Guidelines (USSG or Guidelines). Each appellant argued that his relevant conduct was not sufficiently cruel to warrant the upward departure. The 8th Circuit found, however, that the district court had properly considered conduct that was legally relevant to Defendants' sentencing under the Guidelines. The court also found that Defendants' conduct amounted to more than just possessing fighting pit bulls. Defendants bred, raised, trained, sold, and fought them knowing that the dogs would be allowed, if not required, to fight until severely injured or dead. Thus, the ordinary cruelty inherent in dog fighting justifies base offense level, while the extraordinary cruelty of Defendants' crimes separately justified the upward departure. The district court's judgment was affirmed. |
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U.S. v. Hale |
This opinion vacates and remands U.S. v. Hale, 2004 WL 2367994.
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U.S. v. Hansen-Sturm |
Defendant shipped caviar made from the roe of Columbia River sturgeon, which he paid for in cash and fictitiously recorded the caviar as imported. The Company and Hansen-Sturm were indicted for the violations of the Lacey Act and for conspiracy to violate the Lacey Act. The court held that defendants could be convicted for the lesser included offense of conspiracy to perform a negligent act, even though it was based on a standard of negligence versus intentional conduct. The conspirators in the exercise of due care should have known that the protected prey was taken and possessed in violation of state law.
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U.S. v. Hardman (On Rehearing En Banc) |
The Hardman and Wilgus cases are remanded for factfinding where the record was limited as to whether the government employed the least restrictive means to support its compelling interests of protecting eagles and Native American culture. On the Saenz motion for return of eagle feathers to a non-federally recognized Indian religious practitioner, the court holds that the government failed to support its assertions that opening the permit system to all adherents of Indian religions would compromise the eagle population or destroy federal trust obligations to Native American tribes/culture. For discussion of the BGEPA and religious challenges, see
Detailed Discussion
.
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U.S. v. Hayashi |
Appellant challenged the decision of the United States District Court for the District of Hawaii, which convicted him of taking a marine mammal in violation of the MMPA. The court reversed appellant's conviction for taking a marine mammal under the MMPA. It held that the MMPA and the regulations implementing the act did not make it a crime to take reasonable steps to deter porpoises from eating fish or bait off a fisherman's line.
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U.S. v. Hetzel |
Defendant finds a decaying eagle carcass on a wildlife preserve. He then removes the legs and talons of the eagle to bring to a Boy Scout function. The court reverses his conviction (and $1.00 fine) finding that he did not possess the requisite intent. The court determines that a conviction under the BGEPA demands a specific intent. For further discussion on intent under the BGEPA see
Detailed Discussion of Eagle Act.
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