United States v. Smyer

May and Smyer (defendants) were convicted of multiple violations of the Antiquities Act for possessing and planning to sell dozens of pieces of Mimbres Indian artifacts that May and Smyer excavated and removed from Gila National Forest in New Mexico without permission from the Secretary of Agriculture (plaintiff), which had jurisdiction over historic sites in national forests. The artifacts, which were estimated to be between 800 and 1,000 years old, were dug up from prehistoric ruins that had been inhabited by Mimbres Indians. Forest rangers came to suspect May and Smyer after discovering tire tracks, freshly dug holes, digging tools, and an unoccupied vehicle near the ruins in the National Forest, in spite of posted signs near the ruins indicating that the area was protected under the Antiquities Act. The rangers performed an inventory search of the vehicle, in which they found a photo of May holding skulls and skeletal bones. The rangers had the vehicle towed and were later approached by May, who claimed his truck had been stolen while he was scouting for deer. Upon questioning May and Smyer, May admitted to digging at the ruins and selling bowls from the ruins to an archeologist, and dozens of Mimbres bowls were found in Smyer’s home. May and Smyer were found guilty on all counts and sentenced to 90-days incarceration. May and Smyer appealed on the grounds that the Antiquities Act is unconstitutional and violated their due-process rights because the terms ruin and object of antiquity used in the act are vague and uncertain.