SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals has thrown out some contraband cigarette charges against the operators of a Native American retail shop, saying in a divided April 6 opinion that some of the sales were legal and some were outside the statute of limitations (USA v. C. Marvin Wilbur, No. 10-30185, USA v. Joan C. Wilbur, No. 10-30186, USA v. April M. Wilbur, No. 10-30187, USA v. Brenda R. Wilbur, No. 10-30188, 9th Cir.; 2012 U.S. App. LEXIS 6962).