United States v. Bradley Owen Austin

After lengthy investigation in 1986 and 1987, and subsequent searches of appellant Bradley Owen Austin’s abandoned car and his house trailer, government agents seized some 2,800 Native American artifacts, excavation implements, photographs, and documents, which implicated Austin in excavating a Native American archaeological site. In February 1988, the government indicted Austin on fourteen counts. The indictment included eight counts under two subsections of the Archaeological Resources Protection Act [ARPA], 16 U.S.C. § 470ee(a) and (d):

16 U.S.C. § 470ee(a). The statute defines an archaeological resource as

16 U.S.C. § 470bb(l).

16 U.S.C. § 470ee(d) (emphasis in original). The indictment also included five counts under 18 U.S.C. § 641 (government property theft) and one count under 21 U.S.C. § 844 (simple possession of a controlled substance).

Austin pleaded not guilty and moved for dismissal of the ARPA counts on the ground that ARPA is unconstitutionally vague. The government then filed a twenty-five count superseding indictment, which added three counts of government property theft under 18 U.S.C. § 641 and eight counts of government property depredation in violation of…