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U.S. v. Heuer |
Following his conviction for a violation of the Lacey Act, 16 U.S.C. § 3371, et seq., Defendant Heuer moved for a new trial. Where defendant, who obtained guiding and license for hunting elk, engaged in conduct that involved purchase of elk, it was not necessary for government to prove such services occurred in interstate commerce for purposes of Lacey Act conviction.
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U.S. v. Hugs |
Defendants shot and sold bald eagles to undercover officers posing as big game hunters in Montana. On appeal, the court denied their claims against the permit system, finding that they lacked standing to challenge the permit system where they failed to apply for permits. With regard to a facial challenge to the statute, the court held that the BGEPA passed the RFRA test, where the government asserted a compelling interest that was effectuated in the least restrictive means. For further discussion on commerce in eagle parts, see
Detailed Discussion of Eagle Act
.
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U.S. v. Jacobsen |
Defendants were convicted in the United States District Court for the District of Minnesota of possession of an illegal substance with intent to distribute, and they appealed. This case discussed searches and seizures and the Fourth Amendment.
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U.S. v. Jim |
Court considered defendant's claim based on newly enacted RFRA. Court finds defendant's asserted need to kill 12 eagles a year would decimate eagle population in Oregon. While not perfect, court finds the eagle permit system the least restrictive means to achieve the compelling need of protecting eagles. 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. Kapp |
A jury convicted William Kapp for multiple violations of the Endangered Species Act and the Lacey Act connected with the killing of, and trafficking in, endangered tigers and leopards and their meat, hides, and other parts. On appeal, Kapp claims he is entitled to a new trial because the evidence at trial was insufficient to support the jury's verdict and the district court erroneously admitted certain evidence. Kapp also argues that the manner in which he was sentenced violated the Sixth Amendment. The court concluded that there was sufficient evidence to support the jury's verdict on all counts, and the district court did not err in its evidentiary ruling. His conviction was, therefore, affirmed, but a limited remand was ordered to determine whether Kapp should be resentenced .
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U.S. v. Korn |
The Administrator of the Animal and Plant Health Inspection Service (“APHIS”) brought an administrative action against Defendants for alleged violations of the Animal Welfare Act in connection with Defendants' exotic animal exhibition activities. A judgment was entered for a civil penalty of $57,750 against each Defendant in the administrative action. Defendants have refused to pay, claiming that their due process rights were violated in the underlying administrative proceeding; the judgment, they argued, was therefore void and unenforceable. The United States filed this matter against Defendants seeking to enforce that judgment. Before this Court were the cross-motions for summary judgment. Plaintiff’s motion was granted because the Court could not overlook Defendant's absence of any effort to follow up with the Hearing Clerk, considering the many avenues of communication available. There were also no disputed issues of material fact concerning service of the Administrative Law Judge's Decision and Order, and provision of notice of Defendants' appeal rights. Moreover, this Court lacked jurisdiction to reconsider or otherwise vacate the Agency's final order. 7 U.S.C. § 2149(b) also permitted the institution of a civil action by the Attorney General to collect the penalty imposed and no other facts were presented disputing the validity of the administrative judgment imposing the civil penalty. |
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U.S. v. Kornwolf |
Defendant sells a headdress containing golden eagle feathers obtained before 1962 to an undercover officer. Court finds this case directly controlled by
Andrus v. Allard
. Court reiterates prohibition on any eagle commerce. For further discussion on the restriction of commerce in eagle parts under the BGEPA, see
Detailed Discussion of Eagle Act.
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U.S. v. Lawson |
Defendants appealed their conviction of violating, and conspiring to violate, the animal fighting prohibition of the Animal Welfare Act (AWA). The Court of Appeals granted a new trial, but held, in part, that the AWA is a constitutional exercise of Congress' power under the Commerce Clause, and that the provision of different elements of the crime in jurisdictions permitting animal fighting does not violate equal protection rights under the Fifth Amendment.
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U.S. v. Lee |
Fishermen who took part in importing salmon that they knew or should have known had been taken in violation of Taiwanese regulation, could be subjected to criminal penalties for violation of the Lacey Act, despite the fact not all fishermen who were involved actually violated the Taiwanese regulation. The fishermen argue that the term "any foreign law" encompasses only foreign statutes, not foreign regulations; however, the court previously ruled that a Taiwanese regulation prohibiting the export of salmon without a permit constituted a "foreign law" under section 3372(a)(2)(A) and thereby supported an Act violation.
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U.S. v. Lewis |
A jury convicted defendant of one count of violating the Lacey Act, 16 U.S.C.S. §§ 3371-3378. The jury found that defendant had violated Oklahoma law by capturing wild elk, holding them captive, and organizing at least one commercial elk hunt, without a license for those activities. The court affirmed. Violation of a state hunting law was an adequate basis for a Lacey Act prosecution. There was sufficient evidence to prove that the Oklahoma statute regarding commercial hunting licenses applied to defendant, and that defendant had knowledge of the statute's requirements.
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