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U.S. v. St. Pierre |
Defendant challenged his felony indictment under the MBTA after selling an "invitation stick" that contained golden eagle feathers. The court held that the act encompasses migratory birds parts, not just whole birds so the indictment would stand. However, in a unique decision it held that the imposition of a felony conviction would violate due process where the statute does not specify any degree of intent. As a result, the court said it would sentence defendant under the misdemeanor provision of the statute if convicted. For further discussion on the intersection of the intent component of the MBTA with the BGEPA, see
Detailed Discussion of Eagle Act
.
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U.S. v. Stenberg |
These three cases arose out of an undercover investigation by the United States Fish and Wildlife Service (FWS) into the illegal taking and sale of wildlife in interstate commerce, where defendants were engaged in the guiding and hunting business wherein customers would pay for illegal big game hunts. The court denied defendants' defense of outrageous government conduct and entrapment. It also held that the Lacey Act clearly notifies individuals that participation in prohibited transactions involving wildlife with a market value greater than $350 subjects them to felony prosecutions, thus defeating defendants' challenge of vagueness to the statute. Notably, the court reversed convictions on the fact that the provision of guiding services or providing a hunting permit does not constitute the sale of wildlife for purposes of the Lacey Act (this was amended in 1988 to include guide services, which overturned this decision. See U.S. v. Atkinson, 966 F.2d 1270 (9th Cir. 1992).
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U.S. v. Stevens |
Note that certiorari was granted in 2009 by --- S.Ct. ----, 2009 WL 1034613 (U.S. Apr 20, 2009).
In this case, the Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. The defendant in this case was convicted after investigators arranged to buy three dogfighting videos from defendant in sting operation. Because the statute addresses a content-based regulation on speech, the court considered whether the statute survived a strict scrutiny test. The majority was unwilling to extend the rationale of
Ferber
outside of child pornography without direction from the Supreme Court. The majority found that the conduct at issue in § 48 does not give rise to a sufficient compelling interest.
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U.S. v. Stevens |
Defendant was convicted of violating statute prohibiting the commercial creation, sale, or possession of depictions of animal cruelty. The Supreme Court held that the statute was unconstitutional for being substantially overbroad: it did not require the depicted conduct to be cruel, extended to depictions of conduct that were only illegal in the State in which the creation, sale, or possession occurred, and because the exceptions clause did not substantially narrow the statute's reach. (2011 note:
18 U.S.C. § 48
was amended following this ruling in late 2010).
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U.S. v. Street |
The court held that the "second or subsequent conviction" component of the BGEPA applies to separate convictions charged in a single indictment. For further discussion on the enhanced penalty provision of the BGEPA, see
Detailed Discussion of Eagle Act.
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U.S. v. Taylor |
The defendant moved to dismiss the indictment on the ground that Maine section 7613 (related to the importation of fish bait species) places an impermissible burden on interstate commerce in violation of the Commerce Clause of the United States Constitution. While the court noted there is nothing in either the statute or its legislative history which expresses the clear intent of Congress that the Lacey Act Amendments are meant to insulate state legislation from attack under the Commerce Clause, it found that the somewhat unique characteristics associated with Maine's wild fish population, the substantial uncertainties surrounding the effects these organisms have on fish and the unpredictable consequences attending the introduction of exotic species into Maine's wild fish population (including the introduction of fish parasites into the native population), the state clearly has a legitimate and substantial purpose in prohibiting the importation of live bait fish.
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U.S. v. Thirty-Eight Golden Eagles |
Defendant appeals a civil forfeiture action under the BGEPA. In applying the three-part
Callahan
test to defendant's free exercise claim, the court holds that while defendant's religious exercise is substantially burdened, the government has a compelling interest in protecting a rare species and effectuates this interest in the least restrictive means. The court declines to consider defendant's free exercise challenge to the permit process, as defendant failed to apply for a permit and thus lacks standing. For further discussion on religious challenges to the BGEPA by Native Americans, see
Detailed Discussion of Eagle Act
.
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U.S. v. Thomas |
The issue in this case is whether Edward A. Thomas, a Montana hunting guide and outfitter, may be found guilty of conspiracy to violate the Lacey Act where the alleged object of the conspiracy was "to transport, receive and acquire elk in interstate commerce ... in violation of Montana state hunter's law." The Court held that while a prosecution under the Lacey Act may not be sustained for the substantive acts of selling guiding services and hunting permits, an action can be maintained for conspiracies to violate the Act through these types of acts. In this case, the underlying violations were acts of hunting with a transferred license or permit where the acts were allegedly committed by others.
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U.S. v. Thompson |
Act May 25, 1900, c. 553, Sec. 4, 31 Stat. 188, incorporated in former section 393 of Title 18, was limited in its application to animals or birds killed in violation of game laws, and animals or birds killed during the open season - "the export of which is not prohibited by law," according to the court. The court held an indictment would not stand for a failure to mark a package containing game killed during the open season but the export of which was prohibited by the law of the state where the same was killed.
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U.S. v. Tierney (Unpublished) |
The district court did not err by denying the defendant's proposed entrapment instruction and that Nev. Admin. Code 504.471 is not unconstitutionally vague. He did not present evidence to support his position on either element. Rather than indicating government inducement or lack of predisposition, the evidence showed that the government merely provided the defendant with an opportunity to sell what he was already ready and willing to sell. The court also found the meaning of "wildlife" under Nevada law was not unconstitutionally vague.
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