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UNITED STATES v. RICHARDS

No. 77-1603.

583 F.2d 491 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald L. RICHARDS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 23, 1978.

Attorney(s) appearing for the Case

Max D. Wheeler, Asst. U. S. Atty., Salt Lake City, Utah (Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, with him on the brief), for plaintiff-appellee.

Jackson B. Howard, Provo, Utah (Howard, Lewis & Petersen, Provo, Utah, with him on the brief), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Regulations of the Secretary of the Interior under the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq., proscribe the sale of certain birds "whether or not raised in captivity." Defendant-appellant was charged with, and on a trial to the court found guilty of, the sale of three sparrow hawks, a protected species. The birds were raised in captivity. Defendant was sentenced to concurrent 18 month terms on each of three counts. On...

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