Court of Appeals for the Tenth Circuit July 31, 1981, 80-2327 (United States v. Warren Dean Drake)

LOGAN, Circuit Judge.

The United States appeals from a district court order dismissing an indictment against Warren Dean Drake, suppressing evidence, and ordering its return to defendant. Drake was charged with offering for sale and selling two American flamingos

(phoenicopterus ruber)

in violation of the Migratory Bird Treaty Act, specifically 16 U.S.C. §§ 703 and 707(b).