No. 88-5272.

881 F.2d 539 (1989)

UNITED STATES of America, Appellee, v. John Terrence BIG EAGLE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1989.

Rehearing and Rehearing Denied September 8, 1989.

Attorney(s) appearing for the Case

Robert C. Riter, Jr., Pierre, S.D., for appellant.

Edward J. Shawaker, Washington, D.C., for appellee.

Before JOHN R. GIBSON, Circuit Judge, HEANEY, Senior Circuit Judge, and FAGG, Circuit Judge.

Rehearing and Rehearing En Banc Denied September 8, 1989.

HEANEY, Senior Circuit Judge.

John Terrence Big Eagle, a member of the Crow Creek Indian Tribe, was charged in federal court with violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(1) and 3373(d)(1)(B), which prohibit fishing in violation of a tribal law. The Crow Creek Reservation is located on the eastern banks of the Missouri River in South Dakota...

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