United States v. Romano

STAHL, Circuit Judge.

The felony proviso of the Lacey Act, 16 U.S.C. § 3373(d)(1), outlaws the purchase of wildlife (of a specified market value) the purchaser knows were taken—i.e., captured, killed, or collected—in violation of state law. This appeal presents occasion for us to decide an issue of apparent first impression: whether the same proviso also criminalizes the purchase of lawful guiding and outfitting services to facilitate a taking of wildlife (again, of a specified market value) that, if effectuated, would be in violation of state law. We conclude that the language of 16 U.S.C. §…