Legal Opinion

United States v. Bresette

District Court, D. Minnesota

Decided April 9, 1991No. Crim. 5-90-7(1 & 2)PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

MAGNUSON, District Judge.

This matter is before the court upon defendants’ motion to dismiss following the trial of the matter to the court. For the reasons set forth below, defendants’ motion is GRANTED.

FACTS

This is a prosecution for sale of migratory bird feathers pursuant to the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712. More specifically, the case arises out of the sale of various items known as “dream catchers” at defendant Walter A. Bresette’s store at the Miller Hill Mall in Duluth, Minnesota. At issue in this motion is whether defendants have the right to sell…

2Cases cited15 opinions

  1. Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
  2. Lone Wolf v. HitchcockSupreme Court of the United States · 1903
  3. Puyallup Tribe v. Department of Game of Wash.Supreme Court of the United States · 1968
  4. United States v. DionSupreme Court of the United States · 1986
  5. Department of Game of Wash. v. Puyallup TribeSupreme Court of the United States · 1973

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3Cited by8 opinions

  1. Confederated Tribes of Colville Reservation v. AndersonDistrict Court, E.D. Washington · 2011
  2. United States v. GotchnikDistrict Court, D. Minnesota · 1999
  3. United States v. TawahongvaDistrict Court, D. Arizona · 2006
  4. Confederated Tribes of the Colville Reservation v. AndersonDistrict Court, E.D. Washington · 2011
  5. United States v. David Jon GotchnikCourt of Appeals for the Eighth Circuit · 2000

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