U.S. v. WALLEN

No. 16-30033.

874 F.3d 620 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Dan Calvert WALLEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2017.


Attorney(s) appearing for the Case

John Rhodes (argued), Assistant Federal Defender; Anthony R. Gallagher , Federal Defender; Federal Defenders of Montana, Missoula, Montana; for Defendant-Appellant.

Megan L. Dishong (argued), Assistant United States Attorney, United States Attorney's Office, Missoula, Montana, for Plaintiff-Appellee.

Before: Diarmuid F. O'Scannlain, Raymond C. Fisher and Michelle T. Friedland, Circuit Judges.


OPINION

Dan Wallen appeals his conviction after a bench trial for killing three grizzly bears in violation of the Endangered Species Act. Although we reject Wallen's argument that he was entitled to a jury trial, we hold the magistrate judge, who served as the trier of fact at trial, misconceived the self-defense...

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