U.S. v. SANDIA

No. 98-2248.

188 F.3d 1215 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny SANDIA, Defendant-Appellant. Coalition for the Free Exercise of Religion in Support of the Constitutionality of the Religious Freedom Restoration Act, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 23, 1999.


Attorney(s) appearing for the Case

John F. Moon Samore, Albuquerque, New Mexico, appearing for Defendant-Appellant.

Jonathon Miles Gerson, Assistant United States Attorney (John J. Kelly, United States Attorney, with him on the brief), Albuquerque, New Mexico, appearing for Plaintiff-Appellee.

Marc D. Stern, American Jewish Congress, New York, New York, filed a brief on behalf of the Amicus Curiae.

Before ANDERSON, TACHA, and BALDOCK, Circuit Judges.


TACHA, Circuit Judge.

Defendant-Appellant Johnny Sandia sold a golden eagle skin and other migratory bird parts to a federal undercover agent on several occasions in 1996. Based on these sales and the information gathered during its investigation, the government charged Sandia with eleven violations of the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq., the Bald and Golden Eagle Protection Act, 16 U.S.C. § 668, and

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