United States v. Donald Wayne Hughes

Hughes appeals on various grounds from his conviction for conversion of government property, 18 U.S.C. § 641 , and for violations of the Wild Free-roaming Horses and Burros Act of 1971, 16 U.S.C. §§ 1331-1340 . We affirm.

I.

The Wild Free-roaming Horses and Burros Act (the Act) was enacted to preserve and protect “wild free-roaming horses and burros” on the public lands of the United States. See 16 U.S.C. § 1331 . To implement the declared policy to protect these animals from “capture, branding, harassment, or death,” id., Congress enacted criminal provisions which defined and established punishment for various offenses. Id. § 1338. Congress’ constitutional authority to regulate and protect the wild horses on the public lands was upheld in Kleppe v. New Mexico, 426 U.S. 529 , 96 S.Ct. 2285 , 49 L.Ed.2d 34 (1976).

Hughes was a participant in the Adopt-a-Horse program conducted by the United States Bureau of Land Management (BLM), pursuant to the authority granted by the Act, 16 U.S.C. § 1333 (b). Under the program, “excess wild free-roaming horses,” id., are captured and loaned to private individuals for their use. Applicants for the program were advised that the animals were…