United States v. Roy Ozbun

990 F.2d 1264 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roy OZBUN, Defendant-Appellant. No. 92-10539. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 6, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Roy Ozbun was convicted of one count of 1) failing to comply with a closure order, and 2) bringing waste onto public land. Ozbun and several partners worked the King of Kings Angel Mine for many years. In 1982 the Bureau of Land Management closed the land upon which the mine was located to public camping and withdrew the mineral rights. A person who has a claim staked out when land is open for mineral entry may maintain the claim after the land is closed if he files an affidavit of annual assessment with the BLM. Ozbun failed to file an assessment affidavit in 1989. The BLM therefore closed his claim. He appeals his conviction for…