U.S. v. MILLER

No. 92-10083.

981 F.2d 439 (1992)

UNITED STATES of AMERICA, Plaintiff-Appellee, v. Wilbur H. MILLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1992.


Attorney(s) appearing for the Case

Bram Jacobson, Asst. Federal Public Defender, Phoenix, AZ, for defendant-appellant.

Thomas P. Hannis, Asst. U.S. Atty., Phoenix, AZ, J. Carol Williams, Robert S. Anderson and Robert L. Klarquist, U.S. Dept. of Justice Environment & Natural Resources Div., Washington, DC, for plaintiff-appellee.

Before: BOOCHEVER, NOONAN, and O'SCANNLAIN, Circuit Judges.


NOONAN, Circuit Judge:

Wilbur H. Miller was convicted of conspiracy to violate the Lacey Act, 18 U.S.C. § 371, 16 U.S.C. §§ 3372, 3373, and of specific violation of this Act in selling a saguaro cactus in violation of the law of Arizona. He appeals. We affirm his convictions.

BACKGROUND

The saguaro is a magnificent species of cactus native to the American southwest. Of the close to 2,000 recorded species of cacti, there are three tribes...

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