UNITED STATES of America, Plaintiff-Appellee, v. Jerry STRONG, Defendant-Appellant

D.W. NELSON, Circuit Judge:

Jerry Strong appeals his conviction for violating 36 C.F.R. § 261.10(c), which prohibits commercial activity on National Forest lands without special use authorization. He contends that there was insufficient evidence to support this conviction. We agree, and we therefore reverse.

I. FACTS AND PROCEEDINGS BELOW

Strong is a licensed outfitter and holder of a United States Forest Use Permit. In January, 1992, Strong contracted with three hunters from Virginia, Blevins, Poe and Snavely (the ‘Virginians”), to outfit and guide them on a hunt which was to take place in the…