Lex
United States v. Lex
Opinion
Opinion
Karlton, J.
ORDER
Federal regulations define the right to use federal land. They prohibit, inter alia, the:
and provide for criminal sanctions for violation.
Appellants were prosecuted before a United States Magistrate Judge for a violation of the above regulation. They brought a Rule 29 motion at the close of the government’s case, contending that they were not guilty because they were “otherwise authorized” to camp on National Forest land by virtue of a mining claim. The magistrate judge denied appellants’ motion and appellants were ultimately convicted.
Appellants seek review and ask that this court remand for a judgment of acquittal or, in the alternative, that their convictions be vacated and their cases be remanded to the magistrate judge for a new trial.
I.
EVIDENCE AT TRIAL
The evidence at trial showed that appellants had a motor home, travel trailer, pickup truck, and sedan on National Forest System lands adjacent to Cecil Creek. On September 17, 2000, appellants told Forest Service Officer Michael Irvine that they had been living in the trailer and motor home since the suction dredge season began, approximately July 1, 2000. ER at 22:21-23:4. On September 29, ER at 0026, and…