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United States v. Billie

667 F. Supp. 1485 (1987)

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United States v. Billie

United States District Court for the Southern District of Florida
667 F. Supp. 1485 (1987)

DC

Facts

James Billie (defendant) was a member and chairman of the Seminole Indian Tribe who practiced medicine but had not yet earned the title of medicine man. Florida panthers, an endangered species, are important to Seminole tradition, and parts of the animal are included in a medicine man’s bundle to heal various ailments. In 1983, Billie killed a Florida panther on the Seminole Indian Reservation and was charged with taking and possessing an endangered species under the Endangered Species Act (ESA). At trial, Billie testified to having no specific plans for the animal at the time of the killing but later decided the panther parts would be an honorable gift to a medicine man. Billie moved to dismiss the charges, arguing that the ESA does not abrogate or modify traditional Indian hunting rights on the Seminole Indian Reservation and that the ESA violates the Free Exercise Clause of the First Amendment.

Rule of Law

Issue

Holding and Reasoning (Paine, J.)

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