United States v. Eagleboy

No. 99-2575 (200 F.3d 1137) (8th Cir. December 29, 1999)

The court reverses a district court order dismissing the U.S. indictment against a Native American for possessing hawk parts in violation of the Migratory Bird Treaty Act (MBTA). Because the Native American was not a member of a federally recognized tribe, the government charged him for violating the MBTA. The Native American sought dismissal on the ground that he was selectively prosecuted based on his race, and the district court granted the motion, concluding that the government's policy of not enforcing the MBTA against members of federally recognized tribes was unconstitutional because it was not established by statute or regulation.

The court first holds that the Native American failed to show how he was singled out for prosecution on account of his race. The nonenforcement policy distinguishes between persons on the basis of membership in a federally recognized tribe, not on the basis of race. Moreover, special programs and exemptions for members of Native American tribes have long been upheld because of the federal government's special obligations toward Native Americans. The court also notes that the adoption of the policy informally rather than by statute or regulation is irrelevant to the policy's constitutionality. Regardless of the method by which the policy was established, it serves to fulfill the government's trust obligations to Native Americans. The court, therefore, remands the case for further proceedings.

The full text of this opinion is available from ELR (6 pp., ELR Order No. L-155).

Counsel for Appellant
Jared A. Goldstein
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Appellee
James D. Leach
Viken, Viken, Pechota, Leach & Dewell
1617 Sheridan Lake Rd., Rapid City SD 57702
(605) 348-5047

[30 ELR 20274]

[NO TEXT IN ORIGINAL]