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U.S. v. DeMASTERS

No. 88-1940.

866 F.2d 327 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Ronnie DeMASTERS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 17, 1989.

Attorney(s) appearing for the Case

Peter Steenland, Jr. (William L. Lutz, U.S. Atty., Robert J. Gorence, Asst. U.S. Atty., Albuquerque, N.M., and Roger J. Marzulla, Asst. Atty. Gen., James C. Kilbourne, Robert L. Klarquist, John T. Webb and Vicki L. Plaut, Attys., U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., with him on the briefs), U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Penni Adrian (Ron Koch, on the brief), Albuquerque, N.M., for defendant-appellee.

Before MOORE, Circuit Judge, BRIGHT, Senior Circuit Judge, and EBEL, Circuit Judge.

BRIGHT, Senior Circuit Judge.

The United States, in a three-count indictment, charged Ronald DeMasters with violating the provisions of the Lacey Act relating to an unlawful sale of wildlife taken in violation of state law. See 16 U.S.C. §§ 3372(a)(2)(A) and 3373(d)(1)(B) (1982).1 The district court2 dismissed the indictment on the ground that in furnishing guiding services DeMasters had not...

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