United States Ninth Circuit

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US v. Wahchumwah, 11-30101

In a conviction of a defendant on multiple offenses relating to the sale of eagle parts, judgment of the district court is: 1) affirmed as to the denial of motion to suppress the evidence obtained by use of the concealed audio-video device; 2) reversed to the denial of defendant's motion to dismiss or merge counts 2 and 3 where charging the defendant with offering to sell Golden Eagle tails, in violation of the Bald and Golden Eagle Protection Act, and charging defendant with the subsequent sale of a Golden Eagletail, in violation of the Lacey Act, are multiplicitous because the offer to sell is a lesser included offense; and 3) reversed as the denial of defendant's motion to dismiss or merge count 4 charging defendant with offering to sell a pair of eagle plumes and count 5 charging him with the subsequent sale of a pair of plumes, both premised on a violation of the Bald and Golden Eagle Protection Act, are likewise multiplicitous.

Appellate Information

  • Decided 11/27/2012
  • Published 11/27/2012

Judges

  • Smith

Court

  • United States Ninth Circuit

Counsel