United States v. Butler, No. 11-3199 (10th Cir. 2012)
Annotate this CaseBrothers James and Marlin Butler sold guided deer hunts to out-of-state hunters, providing lodging, meals, and guiding services. On several occasions, they encouraged their clients to violate state hunting laws. Both pled guilty to conspiring to sell and transport poached deer in violation of the Lacey Act. The district court concluded that the value of each deer was the total amount that a client paid to participate in the guided hunt. Based on this determination, the court sentenced the Butlers to several years’ imprisonment, required that they pay substantial fines and restitution to Kansas, and imposed special conditions of supervision prohibiting both men from hunting, fishing, or trapping wildlife. The Butlers appealed the district court's valuation method and their sentences based on that valuation. Upon review, the Supreme Court concluded that because the value assigned to loss of wildlife must reflect the actual value of the animals involved, the district court erred in conflating the value of the deer with the full price of a guided hunt. The Court also concluded that the district court improperly imposed James Butler’s special conditions of supervision without considering whether those conditions would interfere with his lawful employment. Accordingly, the Court reversed and remanded for further proceedings.
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