United States v. Cullen

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 (defendant or appellant), an enigmatic and colorful figure, whose home is in Goshen, New York, is an internationally known professional falconer.…