United States v. Daniel Joseph Powell, United States of America v. James Harrison Oviatt

988 F.2d 125 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Daniel Joseph POWELL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Harrison OVIATT, Defendant-Appellant. Nos. 92-30216, 92-30217. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 2, 1993. Decided March 10, 1993. Appeal from the United States District Court for the District of Oregon, No. CR-91-60170-02-MR; James A. Redden, District Judge, Presiding. D.Or. AFFIRMED. Before TANG, POOLE and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Danny Joseph Powell and James Harrison Oviatt were each convicted by jury of conspiracy to take property of the United States having value in excess of $100, in violation of 18 U.S.C. §§ 371 , 641 ("Count I"); taking property of the United States having value in excess of $100, in violation of 18 U.S.C. § 641 ("Count II"); and cutting, injuring, or destroying trees on…