U.S. v. McKITTRICK

No. 97-30090.

142 F.3d 1170 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Chad Kirch McKITTRICK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1998.


Attorney(s) appearing for the Case

Gilbert U. Burdett, Billings, Montana, for defendant-appellant.

James C. Kilbourne, Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before: BROWNING, SKOPIL, and O'SCANNLAIN, Circuit Judges.


Opinion by Judge SKOPIL; Concurrence by Judge O'SCANNLAIN.

SKOPIL, Senior Circuit Judge:

I.

The gray wolf, or Canis Lupus, is listed as endangered under the Endangered Species Act (ESA) throughout the coterminous United States, except in Minnesota, where it is listed as threatened. 50 C.F.R. § 17.11(h). Gray wolf populations in Canada, however, are plentiful. Pursuant to ESA section 10(j), the Fish and Wildlife Service (FWS) captured...

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