United States v. Charlie Top Sky

Charlie Top Sky and Lloyd C. Top Sky, father and son, members of the Chippewa-Cree Tribe, were charged in separate indictments with selling golden eagles and golden eagle feathers and parts in violation of the Bald Eagle Protection Act, 16 U.S.C. § 668 (Supp. V, 1975), amending 16 U.S.C. § 668 . Both filed motions to dismiss on the grounds that their conduct was protected by the Fort Bridger Treaty of July 3, 1868, 15 Stat. 673 , and, alternatively, that the Bald Eagle Protection Act violated the “Free Exercise” clause of the First Amendment with respect to the Original Native American Church. The court denied the motions after an evidentiary hearing. The two Top Skys were separately tried and convicted. They took separate appeals. This opinion deals with Charlie Top Sky’s appeal. Lloyd C. Top Sky’s appeal is the subject of a separate opinion. 547 F.2d 483 (9th Cir. 1976).

Resolving conflicts in the evidence favorably to the government, the facts established at the trial of Charlie Top Sky were as follows. During the two-year period immediately preceding the transactions alleged in the indictment, appellant received a total of twenty-one whole golden eagles and parts of five…