United States v. Lloyd C. Top Sky

Appellant Lloyd Top Sky was indicted for violating the Bald Eagle Protection Act, 16 U.S.C. § 668 (Supp. V, 1975), amending 16 U.S.C. § 668 (1970), by selling a fan and a bustle made of golden eagle feathers to government undercover agents. He was convicted and appeals. In a companion case, appellant’s father, Charlie Top Sky, was also convicted of violating the Bald Eagle Protection Act, and also appealed. Many of the claims asserted by the son are dealt with in our opinion in the father’s appeal. United States v. Charlie Top Sky, 547 F.2d 486 (9th Cir. 1976).

Assuming conflicts in the evidence in the government’s favor, the following facts were established at appellant’s trial. On February 6, 1974, appellant was visited at his father’s home by agents Halstead and Kirkland of the United States Fish and Wildlife Service, who had been informed by appellant’s father that appellant had eagle feather fans for sale. This was appellant’s first contact with the agents. The agents, who are not Indians, identified themselves as representatives of the Delaware Down and Feather Company and told appellant they wished to purchase eagle feathers for resale to collectors on the east coast.…