United States v. Joseph Cedar

Appellant was successful bidder for contracts authorizing the cutting and removal of Christmas trees from specified areas in a national forest. Appellant’s activities, ostensibly under the authority of the contracts, led to his conviction under a sixteen-count indictment — seven counts alleging that he “did steal, purloin and knowingly convert to his own use things of value of the United States, to wit: fir trees of a value less than $100.00,” in violation of 18 U.S.C. § 641 ; and nine counts alleging that he “did unlawfully cut and destroy fir trees which were growing, standing and upon land of the United States which had been reserved for public use” in violation of 18 U.S.C. § 1853 .

Fourteen of the counts were based on the cutting’ and removal of trees from areas outside those specified in the contracts. The remaining two counts were based on the cutting within the authorized areas of trees which had a trunk diameter larger than the maximum permitted under the contracts, namely, “7.0 inches in diameter breast high.”

Appellant argues that a government agent waived the area limitations of the contracts. He relies upon evidence that on one occasion a Forest Service official…