United States v. John P. Blount

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John P. BLOUNT, Defendant-Appellant. No. 93-30327. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1994. Decided Sept. 6, 1994. Before: SCHROEDER, BOOCHEVER, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 John Blount was convicted for offenses related to his spiking of trees designated for a timber sale in the Clearwater National Forest. He now appeals his conviction under 18 U.S.C. Secs. 371 and 1361 (1988) alleging insufficient evidence. He also appeals his sentence, claiming that the district court made a variety of errors in setting his offense level and the amount of restitution. 1 We affirm, except as to the amount of restitution. I. Sufficiency of the Evidence 3 Blount first argues that the evidence was insufficient for a reasonable jury to conclude that he committed an element of the crimes charged in Counts Two and Six. In…