No. 09-00017 ______________________________________ IN THE SUPREME COURT OF THE UNITED STATES October Term, 2008 ________________________________________ APOLLO ENERGIES, INC. & DALE WALKER, d/b/a RED CEDAR OIL, Petitioners, v. UNITED STATES OF AMERICA, Respondent. ____________________________________ ORDER ____________________________________ The petition for certiorari is granted as to the following questions: 1. Did the magistrate judge commit reversible error by denying petitioners’Motion to Suppress evidence seized by agents of the U.S. Fish and Wildlife Service? 2. Did the district court err as a matter of law by holding that a misdemeanorviolation of the Migratory Bird Treaty Act is a strict liability offense that does not requirethe Government to prove scienter beyond a reasonable doubt, and if so, were petitionersdenied the constitutional right to due process when each was convicted and sentenced forviolating the Act without a fact finding of culpability?