Baca

STATEMENT OF DECISION AND ORDER REGARDING APPEAL FROM MAGISTRATE JUDGE DECISION (DOC. 86)

I. INTRODUCTION

Lorenzo Baca (“Appellant” or “Baca”) appeals his convictions following a bench trial by a magistrate judge for (1) engaging in a business in a national park in violation of 36 C.F.R. § 5.3 ; and (2) for traversing a cultural resource in violation of 36 C.F.R. § 2.1 (a)(5). Baca raises three issues on appeal: (1) that the magistrate judge abused his discretion in refusing to recuse himself for creating the appearance of a lack of impartiality; (2) that there was insufficient evidence to support either conviction; and (3) an affirmative defense to the § 2.1(a)(5) charge, established under the American Indian Religious Freedom Act, 42 U.S.C.A. § 1996 , applies because as a spiritual leader, he was entitled to enter the cultural resource. Appellee, the United States of America (“Government”), opposes the appeal.

II. PROCEDURAL HISTORY

The Government charged Baca with violating (1) 36 C.F.R. § 2.1 (a) (5), trespassing on a cultural resource, (2) 36 C.F.R. § 5.5 (a), filming a motion picture in a national park without a permit, and (3) 36 C.F.R. § 5.3 , engaging in or soliciting…