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UNITED STATES v. WULFF

No. 84-1213.

758 F.2d 1121 (1985)

UNITED STATES of America, Appellant, v. Robert WULFF, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1985.

Attorney(s) appearing for the Case

John A. Smietanka, U.S. Atty., Edith A. Landman, Grand Rapids, Mich., Claire L. McGuire (argued), Dirk D. Snel, Dept. of Justice, Land & Natural Resources Div., Appellate Section, Washington, D.C., for appellant.

Anthony J. Valentine (argued), Grand Rapids, Mich., for defendant-appellee.

Before CONTIE, KRUPANSKY and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

The United States appeals the judgment of the district court dismissing an indictment that charged the defendant, Robert Wulff, with offering to sell migratory bird parts in violation of the Migratory Bird Treaty Act ("MBTA"), 16 U.S.C. § 703 et seq. This case raises the question of whether a felony conviction for the sale of a migratory bird part in violation of the MBTA is violative of the due process clause of the Fifth Amendment...

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