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U.S. v. THOMAS

No. 88-3288.

887 F.2d 1341 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Edward A. THOMAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 13, 1989.

Attorney(s) appearing for the Case

John P. Atkins, Bozeman, Mont., for defendant-appellant.

Kris A. McLean, Asst. U.S. Atty., Helena, Mont., for plaintiff-appellee.

Before ALDISERT, WRIGHT and BEEZER, Circuit Judges.

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...

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