United States v. Robert Wulff

MILBURN, Circuit Judge.

The United States appeals the judgment of the district court dismissing an indictment that charged the defendant, Robert Wulff, with offering to sell migratory bird parts in violation of the Migratory Bird Treaty Act (“MBTA”), 16 U.S.C. § 703 et seq. This case raises the question of whether a felony conviction for the sale of a migratory bird part in violation of the MBTA is violative of the due process clause of the Fifth Amendment of the United States Constitution. Because a felony conviction under the Act does not require proof of scienter, because the crime is not…