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U.S. v. FRIDAY

No. 06-8093.

525 F.3d 938 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Winslow FRIDAY, Defendant-Appellee, Northern Arapaho Tribe, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 8, 2008.

Attorney(s) appearing for the Case

Kathryn E. Kovacs, United States Department of Justice, Environment and Natural Resources Division, Appellate Section (Elizabeth Ann Peterson, Elinor Colbourn, United States Department of Justice, Environment and Natural Resources Division, Appellate Section; Matthew J. McKeown and Ronald J. Tenpas, Acting Assistant Attorney Generals, Washington, D.C.; Matthew H. Mead, United States Attorney, John R. Green, Acting United States Attorney and David Kubichek and Stuart S. Healy, III, Assistant United States Attorneys, District of Wyoming, Casper, WY, with her on the briefs), for Plaintiff-Appellant.

John T. Carlson, Assistant Federal Public Defender, Denver, CO (Raymond P. Moore, Federal Public Defender, Denver, CO and Robert R. Rogers, Assistant Federal Public Defender, Cheyenne, WY, with him on the briefs), for Defendant-Appellee.

Christopher J. Schneider, Baldwin & Crocker, P.C., Lander, WY, for Northern Arapaho Tribe as Amicus Curiae in support of Defendant-Appellee.

Before McCONNELL, SEYMOUR and EBEL, Circuit Judges.

McCONNELL, Circuit Judge.

Winslow Friday, a member of the Northern Arapaho Tribe of Wyoming, shot a bald eagle for use in the tribe's traditional religious ceremony, the Sun Dance. He was charged under federal law with shooting an eagle without a permit, which is forbidden by the Bald and Golden Eagle Protection Act. Mr. Friday responded that the Religious Freedom Restoration Act precludes the government from prosecuting...

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