United States v. Jeffrey C. Fairchild

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeffrey C. FAIRCHILD, Defendant-Appellant. No. 93-30331. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Dec. 9, 1994. Decided: Jan. 5, 1995. 1 Before: NOONAN, O'SCANNLAIN, and LEAVY, Circuit Judges 2 MEMORANDUM * INTRODUCTION 3 Jeffrey Fairchild appeals his conviction for tree spiking, willful injury to the property of the U.S. government, and conspiracy under 18 U.S.C. Secs. 1864 and 1361. This court has jurisdiction under 28 U.S.C. Secs. 1291 and 1294(1). We affirm in part and reverse in part. FACTS 4 In early spring 1989, Jeffrey Fairchild, Codefendant Blount, and others hiked into the Post Office Creek Timber Sale area in Idaho's Clearwater National Forest with the express purpose of driving spikes into trees in order to prevent their sale and harvest. The group drove 384 spikes into 284 trees, clearly marking the area to alert any loggers…