United States Ninth Circuit
US v. Crooked Arm, 13-30297
In a prosecution charging defendants with violating the Migratory Bird Treaty Act of 1918 (MBTA), the district court's denial of a pretrial motion to dismiss for failure to state a felony claim is: 1) affirmed in part where, even under defendants' interpretation of the MBTA, Count I, which charges a conspiracy to kill, transport, and offer for sale and sell migratory birds, including bald and golden eagles, charges a felony; and 2) reversed in part where Count II, which charges unlawful trafficking in migratory bird parts, the allegations state a misdemeanor only.
Appellate Information
- Decided 06/08/2015
- Published 06/08/2015
Judges
Court
- United States Ninth Circuit