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U.S. v. BUTLER

Nos. 11-3199, 11-3202.

694 F.3d 1177 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Marlin Jackson BUTLER; James Bobby Butler, Jr., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 13, 2012.

Attorney(s) appearing for the Case

Melanie Susan Morgan , Morgan Pilate LLC ( Roger Falk and Kurt P. Kerns with her on the briefs), for the Defendants-Appellants.

Colin L. Black ( Ignacia S. Moreno and Robert J. Lundman , with him on the briefs), U.S. Department of Justice, Environmental Defense Section, Washington, DC, for the Plaintiff-Appellee.

Before LUCERO, HOLLOWAY, and MATHESON, Circuit Judges.

LUCERO, Circuit Judge.

Brothers James and Marlin Butler sold guided deer hunts to out-of-state hunters, providing lodging, meals, and guiding services. On several occasions, they encouraged their clients to violate state hunting laws. Both pled guilty to conspiring to sell and transport poached deer in violation of the Lacey Act, 16 U.S.C. §§ 3372(a)(2)(A) and 3373(d). Tasked with calculating the fair market value of the poached deer for sentencing purposes...

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