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No. 09-00017

                     ______________________________________

              IN THE SUPREME COURT OF THE UNITED STATES

                                October Term, 2008
                    ________________________________________


                             APOLLO ENERGIES, INC. &

                      DALE WALKER, d/b/a RED CEDAR OIL,

                                        Petitioners,

                                             v.


                           UNITED STATES OF AMERICA,



                                        Respondent.


                       ____________________________________

                                     ORDER
                       ____________________________________


      The petition for certiorari is granted as to the following questions:


     1.    Did the magistrate judge commit reversible error by denying petitioners’
Motion to Suppress evidence seized by agents of the U.S. Fish and Wildlife Service?

      2.    Did the district court err as a matter of law by holding that a misdemeanor
violation of the Migratory Bird Treaty Act is a strict liability offense that does not require
the Government to prove scienter beyond a reasonable doubt, and if so, were petitioners
denied the constitutional right to due process when each was convicted and sentenced for
violating the Act without a fact finding of culpability?
Entered this 12th day of February, 2009

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U.s. v. apollo energies trial record

  • 1. No. 09-00017 ______________________________________ IN THE SUPREME COURT OF THE UNITED STATES October Term, 2008 ________________________________________ APOLLO ENERGIES, INC. & DALE WALKER, d/b/a RED CEDAR OIL, Petitioners, v. UNITED STATES OF AMERICA, Respondent. ____________________________________ ORDER ____________________________________ The petition for certiorari is granted as to the following questions: 1. Did the magistrate judge commit reversible error by denying petitioners’ Motion to Suppress evidence seized by agents of the U.S. Fish and Wildlife Service? 2. Did the district court err as a matter of law by holding that a misdemeanor violation of the Migratory Bird Treaty Act is a strict liability offense that does not require the Government to prove scienter beyond a reasonable doubt, and if so, were petitioners denied the constitutional right to due process when each was convicted and sentenced for violating the Act without a fact finding of culpability?
  • 2. Entered this 12th day of February, 2009