UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
July 23, 1991
UNITED STATES OF AMERICA
PAUL W. ASPER, APPELLANT
Appeal from the United States District Court for the Middle District of Pennsylvania; (Criminal Nos. 90-00043 and 90-00088); District Judge: Honorable Malcolm Muir.
Sloviter, Chief Judge, Greenberg and Seitz, Circuit Judges.
After consideration of the contentions raised by appellant, that:
(1) Under the Endangered Species Act, appellant's importation of specimens on the endangered species list is a misdemeanor and that Congress cannot be deemed to have authorized the government to treat such an importation as a felony on the theory that the Endangered Species Act also makes the importation contrary to law;
(2) Items seized pursuant to the search warrants issued for the appellant's residence and the Fin, Fur & Feather premises should not have been admitted to evidence; and
(3) The cost of imprisonment fine violates the sentencing reform act and is unconstitutional because it serves none of the purposes of punishment and is irrationally measured by reference to a cost that by statute fine money cannot offset.
It is ORDERED and ADJUDGED that the judgment of the district court be and is hereby affirmed.
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