United States v. David Turk

5 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David TURK, Defendant-Appellant. No. 92-30455. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1993. * Decided Sept. 10, 1993. Before: KILKENNY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 David Turk appeals from the district court's decision upholding his conviction following a bench trial before a magistrate judge on a charge of "constructing, placing, or maintaining an improvement" (viz., a water pipe) on national forest land without a special use permit, in violation of 36 C.F.R. Sec. 261.10(a). Turk's sole challenge to his conviction is that the government failed to prove that Turk himself "construct[ed], plac[ed], or maintain[ed]" the water pipe on federal land. We reject this contention and affirm. 3 The government only had to produce evidence showing that Turk either built a new, or maintained an existing, improvement on federal…