United States Ninth Circuit

In a contraband cigarette trafficking case, dismissal of a conviction for conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) is reversed where: 1) under the Yakama Treaty of 1855 which secured Yakama tribe members the right to travel the public highways, Yakama members cannot be convicted for violating RICO or Washington state law forbidding traffic in contraband cigarettes; but 2) the government can state a claim against a Yakama member for violating RICO by alleging agreement to facilitate the underlying offense.

Appellate Information

• Argued 04/07/2008
• Decided 10/23/2008
• Published 10/23/2008

Judges

• TASHIMA, Circuit Judge:, Before:  STEPHEN REINHARDT, A. WALLACE TASHIMA, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jane M. Kirk, Assistant United States Attorney, Yakima, WA, for the plaintiff-appellant.


• For Appellees:
  
• Jack W. Fiander, Towtnuk Law Offices, Ltd., Yakima, WA, for the defendant-appellee.