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United States of America v. Kyle R. Jones, Thayde L. Jones, and Robert Gevara

607 F.2d 269 (1979)

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United States of America v. Kyle R. Jones, Thayde L. Jones, and Robert Gevara

United States Court of Appeals for the Ninth Circuit
607 F.2d 269 (1979)

KL

Facts

Kyle R. Jones, Thayde L. Jones, and Robert Gevara (collectively, Jones-Gevara) (defendants) were charged with violating 18 U.S.C. §§ 1361 and 641, general statutes criminalizing theft of and malicious mischief committed against government property. The charges stemmed from Jones-Gevara stealing Indian artifacts from a national forest and damaging the Indian ruins in the forest by using picks and shovels to dig up the artifacts they stole. Jones-Gevara moved to dismiss the indictment, arguing that Congress intended the Antiquities Act of 1906, which prohibited the unlawful acquisition of objects of antiquity, to be the sole means of prosecuting their conduct, and the Ninth Circuit Court of Appeals had recently declared that act unconstitutional, meaning there was no statute under which they could be prosecuted. The lower court granted the motion to dismiss, and the United States (plaintiff) appealed, arguing that the act’s congressional history was silent as to its impact on 18 U.S.C. §§ 1361 and 641, meaning the United States could elect to prosecute Jones-Gevara under those laws.

Rule of Law

Issue

Holding and Reasoning (Tang, J.)

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