Mancia
United States v. Mancia
Opinion
Opinion
Wanger, J.
STATEMENT OF DECISION AND ORDER REGARDING APPEAL FROM MAGISTRATE JUDGE DECISION
I. INTRODUCTION.
Appellant Cochis Mancia (“Mancia”) was found guilty of violating 36 C.F.R. § 2.30 (a)(1), which prohibits misappropriation of property, after a bench trial before a United States Magistrate Judge on August 29, 2007. Mancia appeals his conviction pursuant to 18 U.S.C. § 3402 . (Doc. 1). Appellant filed an opening brief on May 9, 2008. (Doc. 25). The United States filed its opening brief on December 19, 2008. (Doc. 30). Appellant filed a reply on April 10, 2009. (Doc. 35).
II. FACTUAL BACKGROUND
Ranger Siler’s Testimony
On or about 12:00 am on July 18, 2006, National Park Service Ranger Michael Siler (“Siler”) was conducting bike patrol of an area known as Curry Village within the boundaries of Yosemite National Park. (RT at 3-7). Siler observed four individuals, one of whom was Mancia, walking through the east parking lot at Curry Village “being loud.” (RT at 6). Siler followed the group as they walked toward the shower building at Curry Village and watched the individuals walk into a back dock area behind the Curry Village Store. (RT at 7). The individuals disappeared from…