Nos. 05-30590, 05-30591.

487 F.3d 1260 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Harry James SMISKIN, Defendant-Appellee, Yakama Nation Commerce Association; Yakama Nation, Applicants-Intervenors. United States of America, Plaintiff-Appellant, v. Kato Smiskin, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2007.

Attorney(s) appearing for the Case

James A. McDevitt, United States Attorney, and Jane Kirk, Assistant United States Attorney, Yakima, WA, for the plaintiff-appellant.

Rebecca L. Pennell, Federal Defenders of Eastern Washington and Idaho, Yakima, WA, for defendant-appellee Kato Smiskin.

Russell Mazzola, Mazzola Law Office, Yakima, WA, for defendant-appellee Harry James Smiskin.

Sharon I. Haensly, Debora Juarez, Gabriel S. Galanda, and Daniel W. Ferm, Williams, Kastner & Gibbs PLLC, Seattle, WA, for amicus The Yakama Nation.

Jack W. Fiander, Towtnuk Law Offices, Ltd., Sacred Ground Legal Services, Inc., Yakima, WA, for amicus Yakama Nation Commerce Association.

Before D.W. NELSON, DAVID R. THOMPSON, and RICHARD A. PAEZ, Circuit Judges.

PAEZ, Circuit Judge.

The Right to Travel provision of the Yakama Treaty of 1855 secures to Yakama tribal members the right to travel upon the public highways.1 Applying this treaty provision, the district court dismissed the Government's indictment charging tribal members Kato and Harry Smiskin ("Smiskins") with violations of the federal Contraband Cigarette Trafficking Act ("CCTA"). At issue in this appeal is whether the Government's...

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