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U.S. v. SANTILLAN

No. 99-50773.

243 F.3d 1125 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Joey SANTILLAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2001

Attorney(s) appearing for the Case

Mayra Garcia, Federal Defenders of San Diego, Inc., San Diego, California, for the appellant.

Gregory A. Vega, United States Attorney, Anne Kristina Perry, Assistant United States Attorney, San Diego, California, for the appellee.

Before: Pamela Ann Rymer, Andrew J. Kleinfeld, and Richard A. Paez, Circuit Judges.

Argued and Submitted July 11, 2000 — Pasadena, California

KLEINFELD, Circuit Judge:

Santillan was prosecuted under the Lacey Act for bringing ten baby parrots across the border from Tijuana. His appeal raises, among other issues, a significant question about the mens rea needed under the Lacey Act.

Facts

Santillan was convicted of smuggling1 and importing wildlife in violation of the

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