United States v. Marvin Carpenter, United States of America v. Carpenter's Goldfish Farm
Opinion
Opinion
Noonan, J.
Marvin Carpenter (Carpenter) and Carpenter’s Gold Fish Farm, Inc. (the company) were convicted of making false statements to the United States Fish and Wildlife Service (the Service) in violation of 18 U.S.C. § 1001 ; of killing migratory birds in violation of the Migratory Bird Treaty Act, 16 U.S.C. § 701 ; and, of violating the Lacey Act, 16 U.S.C. § 3372 by acquiring migratory birds killed in violation of federal law. They appeal.
The case poses a farming culture in which birds are threats to the farmer’s livelihood against a national standard protective of migratory birds. The national standard must prevail but no more oppressively upon the farmer than Congress has provided. We affirm the convictions of violating the False Statement Act. We reverse the convictions of violating the Lacey Act and remand for sentencing under the Migratory Bird Treaty Act.
THE EVIDENCE
Carpenter began his goldfish farm in 1970 on 20 acres of farm land a few miles south of the city of Merced, California. The operation grew steadily and by 1988 consisted of approximately 450 acres of ponds breeding some 2 million fish per month. Birds were a problem.