DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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.