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                        as a courtesy to the reader. They are not part of the opinion of the court.

992575P.pdf   12/29/1999  United States  v.  Wayne Eagleboy
   U.S. Court of Appeals Case No:  99-2575
   District of South Dakota   
Criminal case - criminal law. Government prosecution of non-recognized Indian tribe member for possession of hawk parts in violation of the Migratory Bird Treat Act did not discriminate on the basis of race; government policy of not prosecuting members of recognized tribes for possession of such items is based on their tribal status and not on their race and did not discriminate against defendant; fact government policy of not prosecuting recognized tribal members is informal and is not adopted by treaty, statute or regulation does not amount to discrimination against non-recognized tribes.