758 F.2d 1121 (1985)
Defendant was charged with offering to sell a necklace made of parts of protected species under the MBTA. The court found the statute violated defendant's due process rights.
Because a felony conviction under the MBTA did not require proof of scienter, because the crime was not one known to the common law, and because the felony penalty provision was severe and would result in irreparable damage to defendant's reputation, the court affirmed the decision of the district court and declared the felony provision of the Act, 16 U.S.C.S. § 707(b)(2), to be unconstitutional.
The decision that the Migratory Bird Treaty Act was unconstitutional because it lacked the element of scienter was affirmed.
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