U.S. v. Abbate
Summary: <p> Before the Court is the appeal of Frank J. Abbate, Jr.from a misdemeanor conviction for violating a provision of the Migratory Bird Treaty Act ("MBTA") after a Louisiana Department of Fisheries and Wildlife agent witnessed Abbate illegally taking or attempting to take wood ducks after legal shooting hours. At trial, appellant was found guilty of the offense charged and sentenced him to a two-year term of probation. As a special condition, the magistrate ordered that appellant pay a fine of $500 and refrain from hunting birds during the probationary period. Appellant petitions this Court to review his portrayal of the facts and reconsider the credibility of the witnesses and evidence in light of the arguments and allegations presented in his appellate brief. However, rules of procedure governing this appeal preclude appellant from receiving a trial de novo. Accordingly, this Court cannot consider new facts which appellant did not allege at trial and disregarded appellant's arguments which raise conflict over the weight and credibility of testimony. With regard to sentencing, the court found that the magistrate properly exercised his discretion where appellant had a prior conviction under the MBTA for illegal hunting and the revocation of his hunting license would properly prevent future MBTA violations. </p>
Before the Court is the appeal of Frank J. Abbate, Jr.from a misdemeanor conviction for violating a provision of the Migratory Bird Treaty Act ("MBTA") after a Louisiana Department of Fisheries and Wildlife agent witnessed Abbate illegally taking or attempting to take wood ducks after legal shooting hours. At trial, appellant was found guilty of the offense charged and sentenced him to a two-year term of probation. As a special condition, the magistrate ordered that appellant pay a fine of $500 and refrain from hunting birds during the probationary period. Appellant petitions this Court to review his portrayal of the facts and reconsider the credibility of the witnesses and evidence in light of the arguments and allegations presented in his appellate brief. However, rules of procedure governing this appeal preclude appellant from receiving a trial de novo. Accordingly, this Court cannot consider new facts which appellant did not allege at trial and disregarded appellant's arguments which raise conflict over the weight and credibility of testimony. With regard to sentencing, the court found that the magistrate properly exercised his discretion where appellant had a prior conviction under the MBTA for illegal hunting and the revocation of his hunting license would properly prevent future MBTA violations.