United States Second Circuit

Conviction and sentence for knowingly importing exotic birds, African Black Sparrowhawks, into the U.S. in violation of the Wild Bird Conservation Act and of filing false applications relating to the importation with the U.S. Fish and Wildlife Service are affirmed over claims that: 1) the Wild Bird Act does not apply to captive-bred birds; 2) the Act is unconstitutionally vague because it does not define the term personal pet; and 3) the jury instruction given by the trial court was incorrect.

Appellate Information

• Argued 12/05/2006
• Decided 08/23/2007
• Published 08/23/2007

Judges

• CARDAMONE, Circuit Judge:, Before:  CARDAMONE, STRAUB, Circuit Judges, and KOELTL , District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Peter R. Ginsberg, Law Office of Peter R. Ginsberg, P.C., New York, NY, for Defendant-Appellant., Jesse M. Furman, Assistant United States Attorney, New York, NY, (Michael J. Garcia, United States Attorney, Stephen J. Ritchin, John M. Hillebrecht, Assistant United States Attorneys, Southern District of New York, New York, NY, of counsel), for Appellee.