Mack
United States v. Mack
Opinion
Lead Opinion
Trott, J.
On September 17, 1997, United States Forest Service (“USFS”) Law Enforcement Officers proceeded to USFS Road 9553 in the Nez Perce Forest in Idaho to remove numerous protestors and obstructive piles of forest debris and logs blocking the road. After refusing voluntarily to remove themselves, appellants Mack, Gatewood, Baker, and Gustafson were removed and arrested. Following a bench trial, the district court found the appellants guilty of (1) unlawfully maintaining a structure in violation of 36 C.F.R. § 261.10 (a); and (2) impeding a USFS road in violation of 36 C.F.R. § 261.12 (d). The district court sentenced appellants to 60-days in custody, a $500 fine, and a $20 special assessment fee. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.
I
On September 17,1997, the Idaho County Sheriffs Office contacted USFS Officer Steve Didier (“Didier”) and requested that Didier proceed to USFS Road 9553 and remove numerous protestors blocking the road in protest of road building and logging in the area. The day before the above incident, the USFS had issued a closure order for all vehicular traffic, except logging contractors and USFS personnel, on…