United States v. Erik Bowers Ryberg

Erik Ryberg appeals his conviction of a violation of 36 C.F.R. § 261.3 (a) and (c), issued by the Secretary of Agriculture under the authority of 16 U.S.C. § 551 . We affirm the judgment of the district court.

FACTS

On August 2, 1993 David Magers, a law enforcement officer within the U.S. Forest Service protecting the Nez Perce National Forest in Idaho, was instructed by his supervisor Special Agent Lorney J. Deist to deliver an emergency message regarding the death of a relative to one David Pacheco. The message had arrived at the post office in the small town of Dixie, Idaho. Pacheco was believed to be with a group of Earth First! activists encamped several miles from Dixie near the National Forest. It is customary for the Forest Service to deliver such messages. On Deist’s instruction, Magers, accompanied by his fellow officer Keith Gran-rud, drove to the encampment and entered the area where the Earth First! group was located. Magers and Granrud were in uniform, driving a Forest Service vehicle. They were greeted rudely and told to leave. As they were leaving, Ryberg threw himself under their vehicle. They got out and removed him and again tried to leave. Again, Ryberg put…