United States v. Wulff

758 F.2d 1121 (6th Cir. 1985)

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Nature of the Case

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Facts

Wulff (D) was charged with selling migratory birds in violation of USC 703 and 707(b)(2). D allegedly made a sale of a necklace of red-tailed hawk and great-horned owl talons. Both birds are protected species under the Migratory Bird Treaty Act. D filed a motion to dismiss arguing that because the crimes do not require guilty knowledge, imposition of a felony conviction would be a violation of due process. The district court agreed and held that if D were to be convicted, he must be sentenced under the misdemeanor provision of the Act. The district court relied upon the Holdridge case. P appealed.