U.S. v. TAWAHONGVA

No. 06 MJ 4013 PCT MEA.

456 F.Supp.2d 1120 (2006)

UNITED STATES of America, Plaintiff, v. Berra TAWAHONGVA, Defendant.

United States District Court, D. Arizona.

September 11, 2006.


Attorney(s) appearing for the Case

Camille Deanne Bibles, U.S. Attorney's Office, Flagstaff, AZ, for Plaintiff.

Lee Brooke Phillips, Law Offices of Lee Phillips PC, Flagstaff, AZ, for Defendant.


MEMORANDUM AND ORDER

ASPEY, United States Magistrate Judge.

Before the Court is Defendant's Motion to Dismiss, asserting a conviction on the charge against him, a violation of the Migratory Bird Treaty Act, would be unconstitutional. Defendant contends his conviction would violate his right to the free exercise of his religion, guaranteed by the First Amendment to the United States Constitution. Defendant argues that requiring him to acquire a permit prior...

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