United States v. John P. Blount

John Blount was convicted of offenses related to his spiking of trees in the Clearwater National Forest. He now appeals his conviction under 18 U.S.C. § 1864 (a)(2) (1988), arguing that the reinstatement of two counts of tree spiking as misdemeanors one day after the trial court had granted his motion for acquittal on felony tree spiking counts violated his right not to be subject to double jeopardy. We agree, and accordingly, we reverse his misdemeanor conviction for tree spiking.

BACKGROUND

In April 1989, after an area in the Clear-water National Forest was designated by the United States Forest Service for selective harvesting of old growth trees, the Clear-water National Forest headquarters was notified that trees in the designated area had been spiked with 500 pounds of 8 to 10 inch metal nails. Investigation by Forest Service workers revealed that 284 trees had been spiked with 384 nails. Most nails were marked with paint.

John Blount was identified by an informant as a member of the group responsible for the spiking, along with several others. Blount was eventually tried on two felony counts of tree spiking in violation of 18 U.S.C. § 1864 (Counts One and Three), and two…