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UNITED STATES v. DECKER

Nos. 77-3961, 78-1987.

600 F.2d 733 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Craig DECKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Raymond W. MARRIOTT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 9, 1979.

Attorney(s) appearing for the Case

Charles E. Yates, William J. Bender, Seattle, Wash., for defendants-appellants; Moriarty, Mikkelborg, Broz, Wells & Fryer, Seattle, Wash., on rehearing.

Donald M. Currie, Asst. U. S. Atty., Seattle, Wash., Kathryn Oberly, Washington, D. C., for plaintiff-appellee; John C. Merkel, U. S. Atty, Seattle, Wash., on rehearing.

Before WRIGHT and GOODWIN, Circuit Judges, and SPENCER M. WILLIAMS, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Decker and Marriott are non-Indian commercial fishermen who were caught fishing on different days in restricted Fraser River convention waters in violation of 16 U.S.C. § 776a (1976). They fished on days permitted for Indians but proscribed for non-Indians. They were convicted in separate trials and sentenced to 60 days imprisonment. Although they pursued separate appeals, the cases were heard together at oral argument. Because...

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