United States v. Pitrone

SELYA, Circuit Judge.

This harlequinade requires us to examine a matter of first impression: the degree of scienter needed for a felony conviction under 16 U.S.C. § 707(b) (1994), a part of the Migratory Bird Treaty Act (MBTA). Detecting no reversible error in the district court’s rejection of the defendant’s proffered jury instruction or in any other respect, we affirm the judgment of conviction.

I. THE STATUTORY SCHEME

In 1916, the United States and Great Britain (acting for Canada) negotiated a treaty to protect migratory birds. See Convention for the Protection of Migratory Birds in the…