IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF WYOMING J.8. DISTR1CT '-' URI
DISTRICT OF WYOMING
I 1 3 /U t
Stephar i-mn ;3, Clerk
Cheyen11e
ORDER ESTABLISHING COLLATERAL FORFEITURE SCHEDULE
FOR INDIAN COUNTRY IN THE DISTRICT OF WYOMING
Pursuant to Federal Rules of Criminal Procedure, Rule 58 and Local Criminal Rule 58.2
of the United States District Court for the District of Wyoming, the Court hereby designates the
misdemeanor and petty offenses for which collateral may be posted and forfeited in lieu of
appearance by the person charged and establishes the amount of such collateral that may be
posted for offenses committed in the District of Wyoming that occur on Indian Country as
defined by 18 U.S.C. § 1151(a), (b) and (c). See Schedule I attached hereto .
IT IS SO ORDERED this 12_ day of ~2014.
THIS ORDER SHALL TAKE EFFECT IMMEDIATELY AND SUPERSEDE ALL
PREVIOUS COLLATERAL FORFEITURE SCHEDULES FOR THE WIND RIVER INDIAN
RESERVATION IN THE DISTRICT OF WYOMING.
NANCYD RE ENTHAL, CHIEF JUDGE
UNITED S ATES DISTRICT COURT
DISTRICT OF WYOMING
Mandatory
Appearance or
Forfeiture of
Collateral
Amount for
Optional
Offenses Penalty
Appearance
Simple Assault (Indian victim age 16 or over) Penalty: $5000 Mandatory
(18 U.S.C. §§1152andl13(a)(5)) &/or 6 months Appearance
Reckless endangering (Indian victim) Penalty: $1000 Mandatory
(18 U.S.C. §§1152 and 13; Wyo. Stat. §6-2-504) &/or 1 year Appearance or
1st offense:$200
2nd offense: $400
3rd offense: $600
Arson (setting fire with criminal negligence to any Penalty: $750 &/or Mandatory
woods, prairie or grounds without permission of the 6 months Appearance or
(Indian) owner or to anything on any woods, prairie
or grounds which is the property of another (Indian), 1st offense:$200
or allowing a fire to pass from the owner's woods, 2nd offense: $400
prairie or grounds to the injury or destruction of 3rd offense: $600
another (Indian)).
(18 U.S.C. §§1152 and 13; Wyo. Stat. §6-3-105)
Leaving fire unattended on tribal land Penalty: $5000 1st offense:$200
(18 U.S .C. § 1856) &/or 6 months 2nd offense: $400
3rd offense: $600
Willfully and knowingly hunting, trapping or fishing Penalty: $5000 1st offense:$200
without lawful authority or permission on tribal land &/or 90 days 2nd offense: $400
(18 U.S.C. § 1165) 3rd offense: $600
Property destruction (knowingly defaces, injures or Penalty: $750 &/or 1st offense:$200
destroys property of another (Indian) without the 6 months 2nd offense: $475
owner's consent where property is valued at less 3rd offense: $750
than $1000)
(18 U.S.C. §§1152 and 13; Wyo. Stat. §6-3-201)
Unlawful cutting, injuring or destroying trees on Penalty: $100,000 1st offense:$200
tribal land &/or 1 year 2nd offense: $400
(18 u.s.c. §1853) 3rd offense: $500
Mandatory
Appearance or
Forfeiture of
Collateral
Amount for
Optional
Offenses Penalty
Appearance
Littering (placing, throwing, scattering or depositing Penalty: $750 &/or $150
garbage, debris, refuse or waste material, objects or 6 months
substances, including abandoned or junked vehicles,
upon the property of another (Indian))
(18 U.S.C. §§1152 and 13; Wyo. Stat. §6-3-204)
Criminal entry (knowingly entering a building, Penalty: $750 &/or 1st offense:$200
occupied structure, vehicle or cargo portion of a 6 months 2nd offense: $400
truck or trailer, or a separately secured or occupied 3rd offense: $600
portion of those enclosures, owned by an Indian,
without authority)
(18 U.S.C. §§1152 and 13; Wyo. Stat. §6-3-302)
Criminal trespass (entering or remaining on or in the Penalty: $750 &/or 1st offense:$40
land or premises of another (Indian) person, 6 months 2nd offense: $60
knowing he is not authorized to do so, or after being 3rd offense : $120 &
notified to depart or to not trespass) Mandatory
(18 U.S.C. §§ 1152 and 13; Wyo. Stat. §6-3-303) Appearance
Theft (knowingly taking or carrying away, with Penalty: $100,000 1st offense:$200
intent to steal or purloin the personal property (of an &/or 1 year 2nd offense: $400
Indian) where property is valued less than $1000) 3rd offense: $600
(18 U.S.C. §§1152 and 661)
Theft from a tribal gaming establishment on Indian Penalty: $100,000 1st offense:$200
land of less than $1000 &/or 1 year 2nd offense: $400
(18 U.S.C. § 1167(a)) 3rd offense: $600
Buying, concealing, or receiving stolen personal Penalty: $100,000 1st offense:$200
property (of an Indian) valued under $1000 &/or 1 year 2nd offense: $400
(18 U.S.C. §§1152 and 662) 3rd offense: $600
Destruction/removal of Indian Country boundary or Penalty: $5000 $100 per sign
warning signs &/or 6 months
(18 U.S.C. §1164)
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Mandatory
Appearance or
Forfeiture of
Collateral
Amount for
Optional
Offenses Penalty
Appearance
Destruction/removal of signs in Indian Country Penalty: $5000 $100 per sign
indicating that hunting, fishing or trapping is not &/or 6 months
permitted thereon
(18 U.S.C. §1164)
Unauthorized excavation, removal, damage, Penalty: $1000 1st offense:$200
alteration or defacement of any archeological &/or 1 year; 2nd offense: $400
resource located on public land, or tribal land $100,000 3rd offense: $600
without a permit (item valued less than $500)(1 st alternative fine
offense)
(16 U.S .C. §470ee(a))
Trafficking in archeological resources by selling, Penalty: $10,000 $100
purchasing or offering for sale, purchase or &/or 1 year;
exchange any archeological resource when it was $100,000
excavated or removed from public land, tribal land, alternative fine
or an Indian allotment without legal authorization or
in violation of a federal law, regulation, rule,
ordinance, or permit (item valued less than $500)(1 st
offense)
(16 U.S.C. §470ee(b))
Knowing or intentional possession of a controlled Penalty: Not less $150
substance without a valid prescription (1 st offense) than $1000 nor
(21 U.S.C. §844) more than $100,000
&/or 1 year
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