United States v. Richard Stuart Arbo

Arbo appeals his misdemeanor conviction for interference with forest officers in the performance of their official duties, a violation of 16 U.S.C. § 551 and 36 C.F.R. § 261.3 (1981). Arbo makes two claims on appeal. First, he asserts that he was denied his sixth amendment right to a jury trial. Second, he claims that the district court lacked jurisdiction over the alleged offense because the incident giving rise to the charges occurred on state rather than federal land. We affirm.

I

Wright, a ranger with the United States Forest Service, and Bassett, a Mineral Assistant from the Big Bar Land Office, visited Arbo’s “Lazy Mae” claim in the Shasta-Trinity National Forest in order to make a compliance inspection of certain mining operations. At the claim site, Wright and Bassett encountered Arbo. They disagreed about the right of the government agents to inspect Arbo’s claim and the structures on it. The discussion ended when Arbo refused to allow the inspections and directed two armed employees to escort the government agents off the property.

Arbo and the two employees were charged with interference with forest officials in the performance of their official duties in violation…