United States v. Joey Santillan

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 smuggling 1 and importing wildlife in violation of the Lacey Act. 2 Santillan owned a tropical fish store in Southern California. Returning home from a trip to Tijuana, he said he had nothing to declare. But actually, he had with him ten baby parrots packed in three paper bags stuffed under his car seats. When he was asked…