United States v. Corrow

JOHN C. PORFILIO, Circuit Judge.

This appeal raises issues of first impression in this Circuit under the Native American Graves Protection and Repatriation Act, 25 U.S.C. §§ 3001-3013 (NAGPRA); and the Migratory Bird Treaty Act, 16 U.S.C. §§ 701-712 (MBTA). Richard Nelson Cor-row challenges the constitutionality of 25 U.S.C. § 3001(3)(D) of NAGPRA which defines “cultural patrimony,” the basis for his conviction of trafficking in protected Native American cultural items in violation of 18 U.S.C. § 1170(b). First, he contends the definition is unconstitutionally vague, an argument the district…