United States v. Edward A. Thomas

ALDISERT, Circuit Judge:

The issue in this case is whether Edward A. Thomas, a Montana hunting guide and outfitter, may be found guilty by jury of two counts of conspiracy to violate the Lacey Act, 16 U.S.C. §§ 3371 et seq. The alleged object of the conspiracy was “to transport, receive and acquire elk in interstate commerce ... in violation of Montana state hunter’s law.” Although this court has previously established that a prosecution under the Act may not properly be had for the substantive acts of selling guiding services and hunting permits, United States v. Stenberg, 803 F.2d 422 (9th…