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U.S. v. CORROW

No. 96-2185.

119 F.3d 796 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Nelson CORROW, Defendant-Appellant. Antique Tribal Art Dealers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 11, 1997.

Attorney(s) appearing for the Case

Joseph Gandert (Alonzo J. Padilla, with him on the briefs), Assistant Federal Public Defenders, Albuquerque, NM, for Defendant-Appellant.

Paula Burnett, Assistant U.S. Attorney (John J. Kelly, United States Attorney, with her on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Before PORFILIO, McWILLIAMS, and LUCERO, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

This appeal raises issues of first impression in this Circuit under the Native American Graves Protection and Repatriation Act, 25 U.S.C. §§ 3001-3013 (NAGPRA); and the Migratory Bird Treaty Act, 16 U.S.C. §§ 701-712 (MBTA). Richard Nelson Corrow challenges the constitutionality of 25 U.S.C. § 3001(3)(D) of NAGPRA which defines "cultural patrimony," the basis for his conviction of trafficking in protected Native...

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