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U.S. v. Fullmer |
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.
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U.S. v. Gardner |
Defendant first argues that the district court lacked jurisdiction because the government failed to plead and prove two essential jurisdictional elements for a 16 U.S.C. § 3372(a)(1) violation--namely, that Mr. Gardner was not an Indian and that the crime affected interstate commerce. The court found the non- Indian status of the defendant is not an essential element of jurisdiction for a 16 U.S.C. § 3372 violation. It is only necessary to plead and prove an interstate commerce nexus where § 3372(a)(2) is implicated. The Court reverses because the jury instructions did not sufficiently instruct the jury as to how it should consider uncorroborated accomplice testimony.
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U.S. v. Gay-Lord |
Gay-Lord was found guilty of engaging in interstate commerce in striped bass (rockfish) in violation of regulations and statutes of the Commonwealth of Virginia after purchasing the fish from undercover FWS agents and later selling it to an interstate distributor. The Court held that conviction was proper despite undercover agents having transported fish from Virginia to trafficker's place of business in North Carolina.
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U.S. v. Gibert |
The primary question in this appeal was whether Congress exceeded its power under the Commerce Clause in enacting a criminal prohibition against animal fighting. Defendants were indicted, in violation of the Animal Welfare Act, for their roles in organizing, operating, and participating in “gamefowl derbies,” otherwise known as “cockfighting.” Upon the 4th Circuit’s review of the parties' arguments, it held that the animal fighting statute was a legitimate exercise of Congress' power under the Commerce Clause. It also held that the statute did not require the government to prove the defendants' knowledge regarding the particular venture's nexus to interstate commerce. Accordingly, the district court’s decision was affirmed. |
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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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