ELR Citation: ELR 20084
No(s). s. 06-50553, -50694 (9th Cir. Jun 27, 2008)

The Ninth Circuit upheld a lower court decision denying individuals' motion to dismiss their indictments for possessing feathers and talons of bald and golden eagles and other migratory birds without a permit in violation of the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The individuals claimed that the prosecutions violated the Religion Freedom Restoration Act (RFRA). The individuals, however, are not members of federally recognized Native American tribes. Hence, they have no claim under the RFRA.