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UNITED STATES v. SYLVESTER

No. 78-3338.

605 F.2d 474 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Richard C. SYLVESTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 1, 1979.

Attorney(s) appearing for the Case

Paul W. Waggoner, Anchorage, Alaska, on brief, for defendant-appellant.

Alexander O. Bryner, U. S. Atty., Anchorage, Alaska, on brief, for plaintiff-appellee.

Before CHAMBERS and TANG, Circuit Judges, and THOMPSON, District Judge.

CHAMBERS, Circuit Judge:

Sylvester was convicted of violation of 18 U.S.C. § 43(a)(2), also called the Lacey Act, which prescribes penalties for a person who:

"(2) delivers, carries, transports, or ships, by any means whatever, or causes to be delivered, carried, transported, or shipped for commercial or noncommercial purposes or sells or causes to be sold in interstate or foreign commerce any wildlife taken, transported, or sold in any manner in violation...

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