Question
On or about October 14, 2023, Defendant, Connor Andrew Velez, offered marten trapping/guiding services to Illinois resident Michael Fox McNiel. The defendant charged McNiel $1250
On or about October 14, 2023, Defendant, Connor Andrew Velez, offered marten trapping/guiding services to Illinois resident Michael Fox McNiel. The defendant charged McNiel $1250 for guiding services to trap American Martens, a mammal on the Wisconsin endangered species list. Velez provided McNeil a foothold trap and also offered guide services for a three- day trapping trip in Marinette County, Wisconsin. The value of the American Marten exceeds $350 due to the cost of the hunting/guiding services provided by Velez, in conjunction with the fair market value of the fur and tail of the marten and also as determined by the value of the civil restitution owed to the State of Wisconsin under Wisconsin Statutes Sections 29.604 and 29.977.
Connor Velez was charged with violations of the Lacey Act, a federal wildlife act. The case proceeded to trial, and the United States was the only party that presented evidence. After the Government's case, the defendant moved for acquittal because the value of the wildlife at issue did not exceed $350, the threshold for conviction under Section 3373(d)(1)(B) of the Lacey Act.
Motion for acquittal by the D is rejected and is convicted for felony sale of Wildlife under the Lacey Act on Jan 8th, 2024. The court entered a judgment and sentence on Feb 12, 2024. Appellant- Velez filed a notice of appeal on Feb 13, 2024 with the 7th circuit
Can you help Draft an Appellate brief for the prosecution in the CREAC format on the issue: Was the vehicle stop and the evidence was not improper as the vehicle stop fell under the administrative exception under the Fourth Amendment? Is the correct determination of value based on the guiding services or the marten itself under the Lacey Act?
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