United States v. Mark J. Hobbs

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mark J. HOBBS, Defendant-Appellant. No. 91-30283. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1992. * Decided June 25, 1992. Before PREGERSON, TROTT and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 In October of 1988, while within the confines of the Colville reservation, appellant Mark Hobbs shot and killed a whitetail buck deer at night while the deer was illuminated by a 200,000 candlepower spotlight. He and a confederate then transported the deer to Seattle. Hobbs was convicted on one count of violating the Lacey Act, 16 U.S.C. §§ 3371-78 (1988), by acquiring and transporting a buck deer knowing that it was taken and possessed in violation of section 7.3.11 of the Colville Tribal Code, which prohibits the use of artificial lights while hunting game animals. Hobbs timely appealed. We affirm. 3 I. Application of the Lacey Act to the…