United States v. Tim McCoy Henderson

Tim McCoy Henderson has appealed from the judgment entered following a jury trial wherein he was convicted of theft of timber belonging to the United States government, in violation of 18 U.S.C. § 641 (1976) and depredation of government land in violation of 18 U.S.C. § 1361 (1976).

Henderson seeks reversal on the ground that the district court erred in instructing the jury on willful ignorance. Henderson asserts that the facts do not give rise to such an instruction and that the court mis-tated the law.

I.

PERTINENT FACTS

Henderson purchased four tracts of timberland on the Western slopes of Mt. Hood. He borrowed the down payment from the Cascade Timber Company. He agreed to pay back this debt through removal of timber from the land. The timber on Henderson’s land was of marginal commercial value. Adjacent land, owned by the United States government, however, contained timber of prime quality. Logging crews who were ostensibly hired to remove trees from Henderson’s property in fact harvested timber on federal land.

II.

APPLICABILITY OF THE JEWELL INSTRUCTION

Henderson argues that the facts did not demonstrate that he deliberately closed his eyes and acted with wilful…