United States v. Wilbur H. Miller
Opinion
Opinion
Noonan, J.
Wilbur H. Miller was convicted of conspiracy to violate the Lacey Act, 18 U.S.C. § 371 , 16 U.S.C. §§ 3372 , 3373, and of specific violation of this Act in selling a saguaro cactus in violation of the law of Arizona. He appeals. We affirm his convictions.
BACKGROUND
The saguaro is a magnificent species of cactus native to the American southwest. Of the close to 2,000 recorded species of cacti, there are three tribes. Saguaro is a member of the third tribe, subtribe one, constituting both the genus and the species classified as Carnegeia gigantea. Graf, Exotica International, Series 4, vol. 1, 617 (1985). A single plant can be as old as 200 years, weigh eight tons, and reach a height of 35 feet. It is “the most famous and distinctive cactus in the West.” Mitch and Bruhn, “The Saguaro — A Bibliography,” Cactus and Succulent Plant Journal (U.S.) 54, 101 (1983). It is the state flower of Arizona. C & S Plant Journal (U.S.) 53, 192 (1981). As the facts in this case show, it can be the object of unlawful taking for the benefit of those covetous of owning for themselves a splendid specimen of this desert candelabrum.