United States v. Dan Wallen

OPINION

FISHER, Circuit Judge:

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 element of the offense, and that error was not harmless. We hold the “good faith belief’ defense for a prosecution under 16 U.S.C. .§ 1540 is governed by a subjective, rather than an objective, standard, and is satisfied when a defendant actually, even if…