United States v. Warren Dean Drake

LOGAN, Circuit Judge.

The United States appeals from a district court order dismissing an indictment against Warren Dean Drake, suppressing evidence, and ordering its return to defendant. Drake was charged with offering for sale and selling two American flamingos (phoenicopterus ruber) in violation of the Migratory Bird Treaty Act, specifically 16 U.S.C. §§ 703 and 707(b).

The issues on appeal are whether the trial judge erred in (1) dismissing the indictment as a sanction for violation of pretrial publicity guidelines, (2) suppressing use of the flamingos as evidence on the ground that…