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U.S. v. WILGUS

No. 09-4046.

638 F.3d 1274 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Samuel Ray WILGUS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 29, 2011.

Attorney(s) appearing for the Case

Kathryn Kovacs , U.S. Department of Justice Environment & Natural Resources Division, Appellate Section ( Brett L. Tolman , United States Attorney, Richard Lambert , Assistant United States Attorney, Salt Lake City, UT, John C. Cruden , Acting Assistant Attorney General, Elinor Colbourn , Elizabeth Ann Peterson , Department of Justice Environment & Natural Resources Division, Appellate Section, Washington, D.C., with her on the briefs), Washington, D.C., for Plaintiff-Appellant.

Joseph F. Orifici , Holladay, UT, for Defendant-Appellee.

Before KELLY, EBEL, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

This case requires us to navigate the treacherous terrain at the intersection of the federal government's obligations, on the one hand, to refrain from imposing burdens on the individual's practice of religion, and, on the other, to protect key aspects of our natural heritage and preserve the culture of Native American tribes. Defendant-Appellee Samuel Ray Wilgus was arrested in June of 1998 for possessing 141 feathers of bald and golden eagles...

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