United States v. William Heuer

William A. Heuer appeals his jury conviction for attempting knowingly to transfer in interstate commerce an elk that was killed in violation of Montana law. Heuer contends the district court erred in failing to give his consent theory of defense instructions and in giving an instruction that removed a question of fact from jury consideration. He also challenges the denial of his motions for judgment of acquittal and for a new trial. We affirm.

I. FACTS

This appeal concerns an undercover sting operation by state and federal authorities. In viewing the evidence in the light most favorable to the Government, the jury could reasonably have found as follows.

Heuer had applied for a special late season elk permit for the 1988-89 hunting season but was not selected through the special drawing conducted by the Montana Department of Fish, Wildlife, and Parks. During the last week of the regular elk hunting season in November 1988, Heuer filled his limit when he shot and killed an elk and a mule deer. At this time, he told both Edwin Johnson, a licensed Montana outfitter, and Johnson’s hunting guide, Dan McDonald, that he would return for a late hunt. Heuer was told he had already filled…