United States v. Brian Alan Sweeney, United States of America v. Christopher Knight

Good Law
914 F.2d 1260·1990 WL 131711·1990 U.S. App. LEXIS 16315
United States Court of Appeals for the Ninth CircuitSeptember 17, 199089-10418, 89-15988California2,537 words

Opinion

Opinion

Fletcher, J.

Brian Alan Sweeney and Christopher Knight appeal the district court’s grant of writs of mandamus to the United States. The district court directed the magistrate who sentenced the defendants on charges of driving under the influence (DUI) to vacate his orders prohibiting the United States Attorney’s Office and the Clerk’s Office from reporting appellants’ convictions to the California Department of Motor Vehicles (DMV). We affirm.

FACTS

On July 2, 1988, a United States Park Service Ranger issued Knight citations in Yosemite National Park for operating a motor vehicle under the influence of alcohol “to a degree that renders the operator incapable of safe operation,” 36 C.F.R. § 4.23 (a)(1), (2), and for speeding, 36 C.F.R. § 4.21 (b). On September 13, 1988, a ranger issued Sweeney citations in Yosemite for operating a motor vehicle with a blood alcohol level of over .10%, 36 C.F.R. § 4.23 (a)(2), and for unsafe operation of a motor vehicle, 36 C.F.R. § 4.22 (b)(1). Knight pleaded guilty to violating subsection 4.23(a)(1) and Sweeney to violating subsection 4.23(a)(2); the other charges against each were dismissed. The magistrate sentenced each to one year unsupervised probation…

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