United States v. Paul Parker, United States of America v. Jeannette Parker

Paul Parker (“Paul”) and Jeannette Parker (“Jeannette”) were convicted of (I) smuggling psittacine bird eggs from Australia, in violation of 18 U.S.C. § 545 , (II) conspiracy to smuggle these eggs, in violation of 18 U.S.C. § 371 , (III) aiding and abetting their smuggling, in violation of 18 U.S.C. § 2 , and (IV) unlawful sale of the hatched baby birds, in violation of 16 U.S.C. §§ 3372 (a)(1) and 3373(d)(1)(B). They raise numerous challenges to their convictions and sentences. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

CLAIMS RAISED JOINTLY BY PAUL AND JEANNETTE

I. Lesser Included Offense Instruction

Paul and Jeannette claim, for the first time on appeal, that they were entitled to a lesser included offense instruction on the unlawful sale of wildlife counts under the Lacey Act, 16 U.S.C. § 3372 et seq. The jury was instructed on the felony offense under the Lacey Act, a crime which requires actual knowledge that the wildlife was unlawfully taken or possessed. 16 U.S.C. § 3373 (d)(1). The Parkers contend that the jury should also have been instructed on the lesser included misdemean- or charge, which requires that an individual “in the exercise of due…