UNITED STATES of America, Plaintiff-Appellee,
v.
Raymond S. HARDMAN, Defendant-Appellant,
In the Matter of Joseluis Saenz, Claimant-Appellee,
v.
Department of the Interior, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Samuel Ray Wilgus, Jr., Defendant-Appellant.
Christian Legal Society, The New Mexico Civil Liberties Foundation, The Commission on Social Action of Reformed Judaism, Hopi Tribe, and Jicarilla Apache Nation, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 5, 2002.
August 5, 2002.
Attorney(s) appearing for the Case
Cindy Barton-Coombs, Roosevelt, UT, for Appellant Hardman.
Peter Schoenburg of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Frye, LLP, Albuquerque, NM (Justin Bogan, Eureka, CA, with him on the brief), for Appellee Saenz.
Joseph F. Orifici, Salt Lake City, UT, for Appellant Wilgus.
Kathryn E. Kovacs, Attorney, United States Department of Justice, Washington, D.C. (John Cruden, Acting Assistant Attorney General, Christopher B. Chaney, Assistant United States Attorney, Salt Lake City, UT, Sasha Siemel, Assistant United States Attorney, Albuquerque, NM, Andrew Mengen, Attorney, United States Department of Justice, Washington, D.C., E. Ann Peterson, Attorney, United States Department of Justice, Washington, D.C.; and William G. Myers, III, Solicitor, Benjamin C. Jesup, Attorney, Mary Anne Kenworthy, Attorney, Janet Spaulding, Attorney, Department of the Interior, Washington, D.C., with her on the brief), arguing as Appellee for the United States in case numbers 99-4210 and 00-4015, and arguing as Appellant for the Department of Interior in case number 00-2166.
Stuart J. Lark and Gregory S. Baylor, Center for Law and Religious Freedom, Christian Legal Society, submitted a brief for amicus Christian Legal Society, the New Mexico Civil Liberties Foundation, and the Commission on Social Action of Reformed Judaism.
Alfred T. McDonnell and Kevin T. Traskos, Arnold & Porter, Denver, CO, submitted a brief for amicus Hopi Tribe.
Stephen H. Greetham, Nordhaus, Haltom, Taylor, Taradash & Bladh, LLP, Albuquerque, NM; Wayne H. Bladh and Susan G. Jordan, Nordhaus, Haltom, Taylor, Taradash, & Bladh, LLP, Santa Fe, NM, submitted a brief for amicus Jicarilla Tribe.
Before TACHA, Chief Judge, McKAY, SEYMOUR, BALDOCK, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, and HARTZ, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TACHA, Chief Judge.**
Appellants Raymond S. Hardman and Samuel Ray Wilgus, Jr. were convicted for unrelated counts of illegally possessing eagle feathers in violation of sections 703 and 668(a) of Title 16 of the United States Code, respectively. Appellee Joseluis Saenz had eagle feathers in his possession seized by the Bureau of Indian Affairs, but was not criminally prosecuted.
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