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U.S. v. CULLEN

Docket No. 06-0607-cr.

499 F.3d 157 (2007)

UNITED STATES of America, Appellee, v. Thomas CULLEN, aka Thomas J.V. Cullen, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 23, 2007.

Attorney(s) appearing for the Case

Peter R. Ginsberg, Law Office of Peter R. Ginsberg, P.C., New York, NY, for Defendant-Appellant.

Jesse M. Furman, Assistant United States Attorney, New York, NY, (Michael J. Garcia, United States Attorney, Stephen J. Ritchin, John M. Hillebrecht, Assistant United States Attorneys, Southern District of New York, New York, NY, of counsel), for Appellee.

Before: CARDAMONE, STRAUB, Circuit Judges, and KOELTL, District Judge.

CARDAMONE, Circuit Judge:

We have before us a case that is unusual in several respects. In the first place, defendant was prosecuted, convicted and sentenced under the Wild Bird Conservation Act of 1992 (Wild Bird Act or Act), 16 U.S.C. § 4901 et seq., a federal statute that includes civil and criminal penalties. There have been very few, if any, previous prosecutions for violations of the Act's criminal penalties. Second, the defendant Thomas Cullen ...

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