United States v. John Garren

John Garren appeals his conviction for rafting on a federally regulated river without a permit in violation of 43 C.F.R. 8351.-2-l(e). He contends that by subjecting non-commercial river rafters to harsher penalties than commercial river rafters the various regulations and their enforcement violate equal protection. He also argues that the Bureau of Land Management (BLM) and the United States Forest Service (USFS) do not comply with their own regulations when allocating rafting permits on Wild and Scenic Rivers. These arguments are meritless and his conviction is affirmed.

Garren also appeals the district court’s order assessing a fine of $5,000 as legally excessive and without authority. The government concedes that the fine must be vacated but asks this court to exercise its discretion under 28 U.S.C. § 2106 and to remand for resentencing with authorization to the district court to impose incarceration. It argues that as the district court had observed at the initial sentencing hearing a reduced fine alone is insufficient to serve the ends of justice.

We vacate the sentence as in excess of statutory authority. The maximum permissible fine is $500.00, not $5,000. We remand for…