United States v. Marvin Carpenter, United States of America v. Carpenter's Goldfish Farm

NOONAN, Circuit Judge:

Marvin Carpenter (Carpenter) and Carpenter’s Gold Fish Farm, Inc. (the company) were convicted of making false statements to the United States Fish and Wildlife Service (the Service) in violation of 18 U.S.C. § 1001; of killing migratory birds in violation of the Migratory Bird Treaty Act, 16 U.S.C. § 701; and, of violating the Lacey Act, 16 U.S.C. § 3372 by acquiring migratory birds killed in violation of federal law. They appeal.

The case poses a farming culture in which birds are threats to the farmer’s livelihood against a national standard protective of migratory…