Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

United States v. Hardman

United States Court of Appeals for the Tenth Circuit
297 F.3d 1116 (10th Cir. 2002)


Possessing golden-eagle feathers is a crime under the Migratory Bird Treaty Act (MBTA), 16 U.S.C. § 703, and the Bald and Golden Eagle Protection Act (BGEPA), 16 U.S.C. § 668(a). Hardman and Wilgus (defendants) were both non-Indian practitioners of American Indian religion who received golden-eagle feathers as a result of their participation in American Indian religious ceremonies. Hardman and Wilgus both applied for permits to possess the feathers under the MBTA, but were denied because they were not members of a federally recognized Indian tribe. Hardman and Wilgus were subsequently charged with violating the prohibitions against possession of golden-eagle feathers and appealed their convictions. A third defendant,. Saenz, was a lineal descendant of the Chiricahua Apache, which was not a federally recognized Indian tribe. Saenz also owned eagle feathers that were seized during a search of his property. After charges against him were dismissed, Saenz sought recovery of the feathers from the government. The district court granted his request. The United States appealed, and the United States Court of Appeals for the Tenth Circuit affirmed. The Tenth Circuit subsequently vacated all three decisions and ordered them reheard en banc to determine if the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb et seq., governed the actions of all three defendants.

Rule of Law


Holding and Reasoning (Tacha, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial