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U.S. v. BIG EAGLE

No. CR 87-30060-01.

684 F.Supp. 241 (1988)

UNITED STATES of America, Plaintiff, v. John Terrence BIG EAGLE, Defendant.

United States District Court, D. South Dakota, C.D.

May 6, 1988.

Attorney(s) appearing for the Case

David L. Zuercher, Asst. U.S. Atty., Pierre, S.D., for plaintiff.

Robert C. Riter, Jr., Riter, Mayer, Hofer & Riter, Pierre, S.D., for defendant.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

On November 23, 1987, defendant, John Terrence Big Eagle, filed a motion to dismiss the indictment in this action on the grounds that this Court lacks subject matter jurisdiction. The indictment charges the defendant with violating the Lacey Act prohibitions against transporting, selling, or acquiring fish taken or possessed in violation of state law or Indian tribal law. See 16 U.S.C. §§...

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