United States v. Terry Cray Stenberg, United States of America v. Loren Jay Ellison, United States of America v. Earl K. Fike, Jr.

In these consolidated cases, defendants Terry Cray Stenberg, Loren Jay Ellison and Earl K. Fike, Jr. appeal their convictions for violations of the Lacey Act, 16 U.S.C. §§ 3372 (a), 3373(d) (1985). Ellison and Fike also appeal their convictions for violations of the Eagle Protection Act, 16 U.S.C. § 668 et seq. (1982). We affirm Ellison’s conviction on all counts but reverse Stenberg’s. We reverse Fike’s conviction on the count involving guiding services and affirm his conviction on the remaining four counts.

I. BACKGROUND

A. Operation Trophykill

These three cases arose out of an undercover investigation by the United States Fish and Wildlife Service (FWS) into the illegal taking and sale of wildlife in interstate commerce. The investigation, known as Operation Trophykill, lasted from November 1981 to October 1984 and covered six states and several foreign countries. FWS Agent John Gavitt was the lead investigator in Operation Trophykill. Under the name of John Cummings, Gavitt acted as the business manager of a taxidermy operation located in Colorado. Operation Trophykill was extended to Montana after Gavitt received information from a local FWS agent and others, during the…