UNITED STATES v. SOHAPPY

Nos. 84-3032 to 84-3044, 83-3063 to 83-3065, 83-3070, 83-3072 to 83-3079, 83-3084.

770 F.2d 816 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. David SOHAPPY, Sr., et al., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellant, v. David SOHAPPY, Sr., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 4, 1985.


Attorney(s) appearing for the Case

Stephen Schroeder, Asst. U.S. Atty., Seattle, Wash., for U.S.

Thomas W. Hiller, II, David Allen, Allen & Hansen, P.S., Seattle, Wash., for D. Sohappy, et al.

Before CHOY, Senior Circuit Judge, ANDERSON and TANG, Circuit Judges.


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...

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