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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. 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This opinion was Amended and Superseded on Denial of Rehearing by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. White |
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
.
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U.S. v. Wilgus |
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.
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U.S. v. Wilgus |
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.
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U.S. v. William |
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.
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U.S. v. Williams |
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.
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U.S. v. Winddancer |
This matter comes before the court on a Motion to Dismiss the Indictment filed by the defendant. The defendant, Ed Winddancer, was indicted on six counts relating to possessing and bartering eagle feathers and feathers plucked from other migratory birds. Winddancer did not have standing to challenge the manner in which the MBTA has been administered against him, because applying for a permit under the MBTA would not have been clearly futile. With regard to the BGEPA, the court found that defendant showed that the BGEPA substantially burdens his ability to possess eagle feathers. However, the court found that he did not show that his desire to possess the feathers arises from a sincere religious belief. Further, the court found that the government indeed has a compelling interest in protecting the bald and golden eagle, especially since there is no reasonable forensic method by which law enforcement can determine if a bird was accidentally or intentionally killed, killed a hundred years ago, or killed yesterday.
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U.S. v. Zak |
Defendant pleaded guilty to three counts under the MBTA after agents determined that he killed 250 great blue herons; he then went to trial on the remaining counts under the MBTA and BGEPA related to his killing of a juvenile bald eagle on his commercial fish growing operation. On appeal, defendant contended that he cannot be found guilty under the MBTA unless the government proved beyond a reasonable doubt that he knew the bird he was shooting was protected and intentionally shot it with that knowledge (defendant stated that he shot a "big brown hawk'). The court disagreed, finding the overwhelming authority requires no such specific scienter on the part of the actor. With regard to defendant's contention that the government failed to prove the "knowingly" prong of the BGEPA, the court was equally unpersuaded. The evidence demonstrated beyond a reasonable doubt that defendant knowingly shot the eagle as it sat perched on the dead pine tree on the edge of his property, regardless of whether he knew the juvenile bird was an eagle or, as he said, “a big brown hawk.”
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U.S. v. Zarauskas |
Defendant was found guilty by a jury of illegally importing narwhal tusks under several federal laws, including the Lacey Act, the Endangered Species Act, and the Marine Mammal Protection Act, among others. On appeal, defendant contends that the district court erred by allowing and failing to cure statements by the prosecutor that allegedly violated defendant's Fifth Amendment protections. Prior to being charged, defendant met with FWS and Canadian agents where he did not proclaim his innocence when questioned on the tusks. In the process of showing inconsistency in defendant's statements, the prosecutor pointed out defendant's failure to state his innocence with the federal agents, which defendant claimed improperly burdened him at trial. Other arguments by defendant also pointed to error by the prosecution during direct examination and rebuttal argument with respect to defendant's silence during interviews with agents. The appellate court found the errors to be harmless or in response to defendant's attorney's statements. Finally, as a matter of first impression, the court found that Treasury Enforcement Communications System (TECS) reports logging date, time, and location of border crossing and license plate of the vehicle were admissible hearsay. The convictions were affirmed. |
