March

United States v. March

Good Law
111 F. App'x 888
United States Court of Appeals for the Ninth CircuitOctober 7, 2004No. 03-30094; D.C. No. CR-02-00070-MHWCalifornia510 words

Opinion

Lead Opinion

*889 MEMORANDUM *

Lyle March appeals his conviction for violations of the Lacey Act, 16 U.S.C. §§ 8871-3378 . We affirm the conviction, but remand for the district court to determine whether re-sentencing is appropriate under United States v. Ameline, 376 F.3d 967 (9th Cir.2004). Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Each of March’s convictions under the Lacey Act was rooted in March’s violation of tribal law, specifically Shoshone-Bannock Tribal Code § XVI(A), which prohibits the presentation of false information to obtain hunting permits or tags. March argues that the district court lacked jurisdiction over this case because only a tribal court can adjudicate violations of tribal law. However, tribal courts do not have exclusive jurisdiction over prosecutions of Indians for violations of tribal fishing offenses. United States v. Sohappy, 770 F.2d 816, 818-22 (9th Cir.1985). Tribal courts and federal courts have concurrent jurisdiction over prosecutions of Indians for violations of tribal law when the tribal law violation serves as the basis for a Lacey Act conviction. Id. at 821 . Thus, the district…

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