UNITED STATES of America, Plaintiff-Appellee, v. Jerry STRONG, Defendant-Appellant

Jerry Strong appeals his conviction for violating 36 C.F.R. § 261.10 (c), which prohibits commercial activity on National Forest lands without special use authorization. He contends that there was insufficient evidence to support this conviction. We agree, and we therefore reverse.

I. FACTS AND PROCEEDINGS BELOW

Strong is a licensed outfitter and holder of a United States Forest Use Permit. In January, 1992, Strong contracted with three hunters from Virginia, Blevins, Poe and Snavely (the ‘Virginians”), to outfit and guide them on a hunt which was to take place in the Bob Marshall Wilderness during two weeks in September, 1992. Strong made the arrangements with Blevins, who was a longtime Mend. Because Montana law required the Virginians to make a deposit to be eligible for special hunting licenses available to out-of-state hunters sponsored by a Montana-licensed outfitter, Strong accepted Blevins’ offer of a horse in lieu of cash. On February 8,1992, Blevins signed a bill of sale to Strong for the horse, and Strong eventually took delivery in the spring of 1993. Around mid-March, 1992, Strong procured the licenses from the Montana Department of Fish, Wildlife and Parks…