United States v. Melville O'Neal Atkinson

Melville O’Neal Atkinson was convicted of twenty-one felony violations of the Lacey Act for his role in organizing and guiding several illegal hunting expeditions. 16 U.S.C. §§ 3372 (a)(2)(A), 3372(c)(1).

At trial, the jury was required to decide whether the value of the game taken during these illegal hunts exceeded $350, the threshold for determining whether a violation constitutes- a felony under the Act. 16 U.S.C. § 3373 (d)(1)(B). The jury was instructed that, in calculating the value of the game, it could consider the amount Atkinson charged his clients to participate in a hunt. Atkinson’s fee ranged from $1,500 to $3,000 per hunter.

Atkinson appeals, arguing that the jury should only have been allowed to consider the market price of the animals’ parts in determining their value under the Act. He also challenges his conviction and sentence on a number of alternate grounds. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(2) and we affirm.

FACTUAL BACKGROUND

Atkinson owned and operated Neal’s Wilderness Outfitters, Inc., a Jacksonville, Florida business which organized deer hunting expeditions in the State of Montana. He charged a base fee of $1,500 to…