Summary
finding that historical evidence that the Sioux traded in animal furs and hides established a broad commercial usufructuary right that extended to the sale of migratory bird feathers
Summary of this case from United States v. SkeetOpinion
Case No.: 2:10-cr-00052-RLH-LRL.
June 1, 2011
ORDER (Motion to Dismiss-18; Motion to Dismiss-#31; Report and Recommendation-#43)
Before this Court is the Report and Recommendation of the United States Magistrate Judge (#43), entered by the Honorable Lawrence R. Leavitt regarding Defendant Terrence Fiddler's Motion to Dismiss Count One of the Indictment (#18, filed Aug. 20, 2010) and Fiddler's Motion to Dismiss Counts Two and Four of the Superseding Indictment (#31, filed Nov. 18, 2010). An objection (#44) was filed to Magistrate Judge Leavitt's Report and Recommendation in accordance with Local Rule LR IB 3-2 of the Rules of Practice of the United States District Court for the District of Nevada. The Government's Opposition to Objection (#45) was filed April 14, 2011, 2010, and Fiddler's Reply (#47) was filed on April 25, 2011. This matter was referred to the undersigned for consideration.
The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. § 636(b)(1)(B)-(C) and Local Rule IB 3-2 and determines that the Report and Recommendation of Magistrate Judge Leavitt should be accepted and adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation entered March 11, 2011 (#43) is ACCEPTED and ADOPTED, and Fiddler's Motions to Dismiss (##18 and 31) are DENIED.