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U.S. v. BROWN

Nos. 13-3800, 13-3801, 13-3802, 13-3803.

777 F.3d 1025 (2015)

UNITED STATES of America, Plaintiff-Appellant v. Michael D. BROWN, Defendant-Appellee United States of America, Plaintiff-Appellant v. Jerry A. Reyes, also known as Otto Reyes, Defendant-Appellee United States of America, Plaintiff-Appellant v. Marc L. Lyons, Defendant-Appellee United States of America, Plaintiff-Appellant v. Frederick W. Tibbetts, also known as Bud Tibbetts, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 10, 2015.

Attorney(s) appearing for the Case

Allen M. Brabender , argued, Washington, DC ( John David Gunter, II , Thomas Calhoun-Lopez , on the brief), for appellant.

Paul C. Engh, argued , Minneapolis, MN ( Andrew H. Mohring , AFPD, Minneapolis, Robert D. Richman , Saint Louis Park, MN, on the brief), for appellees.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

Appellees Michael Brown, Jerry Reyes, Marc Lyons, and Frederick Tibbetts were indicted under the Lacey Act which makes it unlawful to "sell ... any fish ... taken, possessed, transported, or sold in violation of ... any Indian tribal law." 16 U.S.C. § 3372(a)(1). The indictments alleged that appellees had netted fish...

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