United States v. Lee

217 F.3d 284, 2000 WL 827929
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 25, 2000
Docket99-60333
StatusPublished
Cited by19 cases

This text of 217 F.3d 284 (United States v. Lee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Lee, 217 F.3d 284, 2000 WL 827929 (5th Cir. 2000).

Opinions

W. EUGENE DAVIS, Circuit Judge:

Eleven of the twelve appellants were convicted of hunting over a baited field in violation of 16 U.S.C. §§ 703 and 707(a) and 50 C.F.R. § 20.21®. Jack Bass was convicted of aiding and abetting his co-defendants in hunting over a baited field. For the reasons assigned, we affirm all convictions.

I.

On September 20, 1997, the opening day of that year’s dove hunting season, a dove hunt was held on property leased by defendant Jack Bass in Pike County, Mississippi. After purchasing the requisite hunting licenses, the defendants and others met near the leased property, introduced themselves, and engaged in idle conversation for about an hour and a half. During the afternoon, most of the hunters entered the leased acreage from the side near the road where they had parked their vehicles. Several of the men noticed a substantial amount of wheat seed scattered on the freshly harrowed land and promptly asked Bass whether it was legal to hunt over the wheat seed. Bass assured them that the wheat had been distributed strictly according to accepted agricultural practices and was legal.1

The leased property consisted of 50 acres near the Bogue Chitto River and had been leased by Bass for the purpose of growing vegetables. The western border of the property is in a straight line measuring approximately 690 yards. The southern border, also in a straight fine, is approximately 430 yards and intersects the western border at a right angle. The eastern border extends northward for approximately 450 yards before a wooded area cuts into what would otherwise be a nearly perfect rectangle. The tree fine extends to the West approximately 140 yards, forming what frequently was described at trial as the “peninsula,” before sloping northwest to meet the north border.

On the afternoon of the hunt, Wildlife Conservation Officers Lane Ball, Jimmy [287]*287Hutson, and Don Foreman of the Mississippi Department of Wildlife, Fisheries, and Parks were patrolling in the area. The sound of gunshots drew them to the acreage leased by Bass. They watched the hunters from a wooded area for about 15 minutes and then entered the field from the west and began to check licenses. Ball walked toward the northeast corner, Hut-son walked south, and Foreman went to the center of the field. The officers determined that each of the hunters had the appropriate license and that all guns were properly “plugged.”2

While walking across the field Foreman noticed some corn chops3 near the center of the field. Upon further inspection, the officers found four areas in which corn chops had been scattered. Each of the three largest areas had a diameter of approximately 20 to 30 yards, with chopped corn in a “V” or “U-shaped” pattern. The officers did not testify as to the size of the smaller area. The officers also found a small label from a “Performa Brand Feeds” bag of corn chops.

The officers testified that when they entered the field four of the hunters were within 20 or 30 yards from one of the areas where the corn was located,4 three hunters were within 50 yards of the corn,5 and the others were between 75 and 200 yards. The officers testified that they could see the corn chops from a distance of 30 yards.

All of the 23 hunters were charged, 22 with hunting over a baited field and Jack Bass with aiding and abetting that hunting. Eleven pled guilty; twelve, including Bass, pled not guilty and were tried before a magistrate judge.

The government produced the testimony of Lee Wilson and Charles Travis, employees of the Natural Resources Conservation Service, an agency of the U.S. Department of Agriculture. Wilson and Travis had, at Bass’ request, conducted surveys of the tract four days before the hunt. Both Wilson and Travis saw corn chops in the field. Travis testified that there was “a long shot possibility” that a person in the vicinity of the corn would not have seen it. Neither Wilson nor Travis noticed the corn until they were standing directly over it.

Each defendant testified that he did not see any corn in the field, stating unequivocally that if he had seen any illegal bait his participation in the hunt would have ended immediately. Several hunters testified that they looked at the ground while walking to their hunting stations. However, each of the hunters also stated that they did not deliberately seek to ascertain if the field was illegally baited.

The magistrate judge found that the wheat seed operation was performed in accordance with normal agricultural practice and did not constitute bait under the statute. He found, however, that the cracked corn constituted illegal bait. The magistrate judge discussed the requisite standard of knowledge as set forth in United States v. Delahoussaye, 573 F.2d 910 (5th Cir.1978), and applying that standard, held that:

The ruling of the Court is that even in light of Delahousay, [sic] and even given the fact that the Fifth Circuit departs from the strict liability standard applied in all other Circuits of the United States in the Delahousey [sic] case, there is still a requirement in the Fifth Circuit that a hunter hunting over a field, and I say even a large field, make a reasonable inspection of the field to try to see [288]*288if it is a legally planted field, which was not done in this instance.
So, in summary, the finding of the Court is that each of the defendants is guilty as charged in the bill of information because of the corn chops and the finding of the Court that the corn chops would have been reasonably ascertainable with a reasonable and diligent inspection of the field by the hunters, which I think is the only reasonable interpretation given to Delahousey [sic].

The convictions were affirmed on appeal to the district court. This timely appeal followed.

II.

We review the defendants’ convictions for sufficiency of the evidence. United States v. Adams, 174 F.3d 571, 578 (5th Cir.1999); United States v. Sylvester, 848 F.2d 520, 522 (5th Cir.1988). Under this standard of review we will affirm the magistrate’s findings if they are supported by substantial evidence. Adams, 174 F.3d at 578. To reverse the defendants’ convictions, this Court must conclude that no rational trier of fact could find substantial evidence establishing the defendants’ guilt beyond a reasonable doubt. Id. This Court considers the evidence in the light most favorable to the verdict, deferring to the reasonable inferences of fact drawn by the trial court. United States v. Cardenas, 9 F.3d 1139, 1156 (5th Cir.1993).

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217 F.3d 284, 2000 WL 827929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lee-ca5-2000.