Legal Opinion

United States v. David Sohappy, Sr., United States of America v. David Sohappy, Sr.

Court of Appeals for the Ninth Circuit

Decided September 4, 1985No. 84-3032 to 84-3044, 83-3063 to 83-3065, 83-3070, 83-3072 to 83-3079, 83-3084PublishedCited by 58 opinions

1Opinion of the Court

CHOY, Senior Circuit Judge:

This is a consolidated appeal from the convictions of thirteen Indian defendants for violating the Lacey Act prohibitions against transporting, selling, or acquiring fish taken or possessed in violation of Indian tribal law, or State law. See 16 U.S.C. § 3372(a)(1) & (a)(2)(A). 1

Defendants do not deny that in the spring of 1982 they caught and sold fish outside the seasons prescribed by Indian tribal and state law and sold ceremonial fish in violation of other tribal and state regulations. However, they contend that the Lacey Act prohibitions apply only to…

2Cases cited24 opinions

  1. United States v. WheelerSupreme Court of the United States · 1978
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
  4. New Mexico v. Mescalero Apache TribeSupreme Court of the United States · 1983
  5. Ex Parte Crow DogSupreme Court of the United States · 1883

19 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. United States v. Darrell Chip Wadena, United States of America v. Jerry Joseph Rawley, Jr., United States of America v. Rick ClarkCourt of Appeals for the Eighth Circuit · 1998
  2. United States v. Michael Andrew Smith, AKA the BirdCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. David Phillips, United States of America v. David PhillipsCourt of Appeals for the Ninth Circuit · 2004
  4. United States v. RobertsCourt of Appeals for the Tenth Circuit · 1999
  5. Arizona Public Service Co. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2000

53 more not listed; retrieve them via the Exa API.

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