United States v. Kenneth Ray Williams

Good Law
898 F.2d 727·1990 WL 25345·20 Envtl. L. Rep. (Envtl. Law Inst.) 20585·1990 U.S. App. LEXIS 3443
United States Court of Appeals for the Ninth CircuitMarch 13, 199088-3289California1,730 words

Opinion

Opinion

Nelson, J.

Kenneth Ray Williams appeals his conviction for the illegal hunting of moose in violation of the Lacey Act. Williams claims that his conviction should be overturned because the government failed to establish the validity of use of the wildlife law against a tribe member. The United States argues that there is no need for the government to establish the validity of the law’s use against a tribe member. We affirm the conviction and hold that the government must establish the validity of the use of wildlife laws against tribe members but that similar laws enacted by the tribe can establish this validity.

FACTS

Kenneth Ray Williams is an enrolled member of the Nez Perce Tribe. Williams sold moose meat to an undercover agent of the United States Fish and Wildlife Service on November 4, 1986. The sale occurred outside of the Reservation near Lolo Pass in the state of Montana and followed several meetings with the undercover agent.

On September 18, 1987, Williams was indicted for violation of the Lacey Act, 16 U.S.C. §§ 3372 (a)(2)(A) and 3373(d)(1)(B). These two sections state that:

16 U.S.C. § 3372 (a)(2)(A).

16 U.S.C. § 3373 (d)(1)(B).

The indictment accused Williams of selling…

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