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United States v. Mackie

Citation: 12 ELR 20972
No. Nos. 81-1704, -1713, 681 F.2d 1121/19 ERC 1049/(9th Cir., 06/09/1982)

The Ninth Circuit upholds appellants' convictions for offering to sell and selling eagles in violation of the Migratory Bird Treaty Act (MBTA). The court rules that the government properly elected to prosecute appellants under the MBTA rather than under the Bald and Golden Eagle Protection Act, a more specific statute that also prohibits the offering to sell and selling of bald eagles. Appellants failed to demonstrate that their prosecution under the MBTA resulted in discrimination against any class of defendants. In addition, the court finds nothing in either act that indicates a congressional intent to prohibit prosecution under the MBTA. The court also rules that the 1972 presidential agreement with Mexico that brought eagles within the terms of the MBTA was not an unconstiutional delegation of congressional power.

Counsel for Appellants
Robert J. Wayne
600 1st Ave., Seattle WA 98104
(206) 682-5615

Counsel for Appellee
Richard Tallman, Ass't U.S. Attorney
800 5th Ave., Seattle WA 98104
(206) 442-7970

Jose A. Toro, Genevieve Holm
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 724-7347

Before WRIGHT, SKOPIL, and ALARCON, Circuit Judges.