United States v. Brown, No. 13-3800 (8th Cir. 2015)
Annotate this CaseBrown, Reyes, Lyons, and Tibbetts were indicted under the Lacey Act which makes it unlawful to "sell . . . any fish . . . taken, possessed, transported, or sold in violation of . . . any Indian tribal law." 16 U.S.C. 3372(a)(1). The indictments alleged that they had netted fish for commercial purposes within the boundaries of the Leech Lake Reservation in violation of the Leech Lake Conservation Code, then sold the fish. The four are Chippewa Indians, and they moved to dismiss the indictments on the ground that their prosecution violates fishing rights reserved under the 1837 Treaty between the United States and the Chippewa. The district court granted the motions. The Eighth Circuit affirmed, holding that the historic fishing rights of the Chippewa Indians bar the prosecution for taking fish within the Leech Lake Reservation.
Court Description: Criminal case - Criminal law. The district court did not err in finding that the prosecution of the defendants, Chippewa Indians, under the Lacey Act - 16 U.S.C. Sec. 3382(a)(1) - for gill fishing within the Leech Lake Reservation violated fishing rights reserved under the 1837 Treaty between the U.S. and the Chippewa or reserved or implied in the 1855 treaty establishing the Leech Lake Reservation.
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