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Published February 25, 2009, 07:46 AM

Appeals court rules against game processor

A federal appeals court has issued a decision that could reinstate the conviction of a Pierre game processor who argued a federal game warden had framed him for possessing untagged geese. A magistrate judge found Caleb Gilkerson guilty of violating the Migratory Bird Treaty Act and fined him $2,100.

PIERRE, S.D. (AP) — A federal appeals court has issued a decision that could reinstate the conviction of a Pierre game processor who argued a federal game warden had framed him for possessing untagged geese.

A magistrate judge found Caleb Gilkerson guilty of violating the Migratory Bird Treaty Act and fined him $2,100.

U.S. District Judge Charles Kornmann reviewed the case and threw out Gilkerson’s conviction. Kornmann said federal regulations apply to facilities that handle geese, and Gilkerson could not be convicted because he is not a facility.

But the appeals court says regulations covering facilities include individuals.

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