By Roxana Hegeman
A federal judge on Tuesday set a resentencing date in the case of two Texas brothers who ran a hunting camp in Kansas where hunters paid thousands of dollars to illegally shoot deer.
U.S. District Judge Monti Belot scheduled James and Marlin Butler's sentencing for Aug. 28 in the wake of an appeals court ruling overturning their prison terms.
Belot told attorneys in a letter that he would hear testimony at the resentencing about the fair market price of wild deer parts such as antlers and mounts.
The 10th Circuit Court of Appeals, in its decision last year, said the district court made a mistake in 2011 in calculating sentences on the full price of a guided hunt, rather than the actual value of the animals.
The Butlers, of Martinsville, Texas, ran Camp Lone Star near Coldwater, Kan. James Butler owned the camp and was initially sentenced to 41 months in prison and ordered to pay a $25,000 fine and $25,000 in restitution to the Kansas Department of Wildlife and Parks. Marlin Butler, who worked as a guide, was initially sentenced to 27 months in prison and ordered to pay a $10,000 fine and $10,000 in restitution.
In September, the appeals court threw out the prison terms and sent the case back to the district court in Kansas for resentencing. More....