United States v. John David Powers

John David Powers (Powers) was indicted for 47 counts of violating the Lacey Act, 16 U.S.C. § 3371 , et seq. The separate counts of the indictment allege that Powers did knowingly receive, acquire and transport in interstate commerce wildlife in violation of the law and regulations of Idaho. The case was submitted to a jury and the verdicts of guilty were returned on thirteen counts for violations of 16 U.S.C. §§ 3372 (a)(2)(A), 3373(d)(2) and 18 U.S.C. § 2 . Regulations D.5(a) of the State of Idaho Outfitters and Guides Board Rules and Regulations was the underlying state law which formed the basis of the Lacey Act violations for which appellant was convicted.

Standard of Review

Whether the lower court properly interpreted the Lacey Act is a question of law and is reviewed de novo. United States v. Thomas, 887 F.2d 1341, 1343 (9th Cir.1989). Facts

Powers was issued an outfitters license by the Idaho Outfitters and Guides Board (Board) in 1985. The outfitters’ license authorized Powers to provide outfitter and guide service (outfitting services) on hunts for deer, elk, cougar, by archery only, in a particular hunting area or game unit. Powers was not licensed to outfit bear in…