MEMORANDUM OPINION AND ORDER
BABCOCK, District Judge.
Defendant John A. Hill (Hill) is charged in counts 5 through 8 of the indictment with violations of the Endangered Species Act (the ESA), in counts 1 and 2 of the indictment with violations of the Lacey Act, and in counts 3 and 4 of the indictment with violations of the Migratory Bird Treaty Act (the MBTA). Hill moves to dismiss the ESA and Lacey Act counts on the grounds that the ESA unconstitutionally...
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