Here are the materials so far in United States v. Nappi (W.D. N.Y.):
Contraband Cigarette Trafficking Act
Swinomish-Licensed Smokes Sellers Prevail (In Part) in the Ninth Circuit on CCTA Charges
Here are the materials in United States v. Wilbur:
CA9 Opinion (per Judge W. Fletcher, with partial dissent by Judge Rawlinson)
An excerpt:
For the reasons that follow, we agree with the Wilburs that during the period from 2003 to 2005, when they were licensed to sell tobacco by the Swinomish Tribe, there were no “applicable State or local cigarette taxes” under the CCTA. We also agree with the Wilburs that the five-year statute of limitations for CCTA violations bars any charges based on activity from 1999 to 2003. We conclude, however, that after their tribal tobacco license expired in 2005, the Wilburs’ activities ceased to be covered by the Swinomish cigarette tax contract (“CTC”), and that the state’s retrocession therefore ceased to apply. The unstamped cigarettes the Wilburs transported and sold during this period were thus “contraband” under the CCTA. We reject the Wilburs’ due process and treaty arguments.
United States v. Montour Indictment Dismissal Motions Denied
Here are (some of) the materials in this Contraband Cigarette Trafficking Act prosecution:
US v. Fiander — CA9 Reverses Dismissal of RICO Claims against Yakama Member
The Ninth Circuit held in U.S. v. Fiander that a Yakama tribal member who cannot be convicted of violating the Contraband Cigarette Trafficking Act because of the “right to travel” provision of the Yakama treaty can still be prosecuted for conspiracy under RICO.
[Fiander response brief unavailable]
US v. Mahoney — CA9 Affirms Cigarette Trafficking Conviction
This case involves a Coeur d’Alene Tribe member who violated the federal Contraband Cigarette Trafficking Act.
Turtle Talk 