United States v. James Donald Douglas Smith

61 F.3d 914 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Donald Douglas SMITH, Defendant-Appellant. No. 94-30376. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1995. * Decided July 20, 1995. 1 Before: GOODWIN, HUG and SCHWARZER, ** Circuit Judges. 2 MEMORANDUM *** 3 James Donald Douglas Smith harvested and sold federal timber without authorization, and in the process damaged federal land. He was convicted on three counts of theft of government property, 18 U.S.C. Sec. 641 , and two counts of depredation of government property, 18 U.S.C. Sec. 1361 . 4 Smith argues that the district court improperly charged the jury with a "deliberate ignorance," or "conscious avoidance" instruction. See United States v. Jewell, 532 F.2d 697 (9th Cir.), cert. denied, 426 U.S. 951 (1976). Smith did not object to the instruction in accordance with Fed. R. Crim. P. 30. We therefore limit review of the instruction to…