United States v. Sherman C. Smith

86 F.3d 1165 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sherman C. SMITH, Defendant-Appellant. No. 93-35084. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 11, 1995. Decided May 20, 1996. Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Smith appeals from a district court order affirming the Interior Board of Land Appeals' administrative decision declaring Smith's mining claim null and void, and holding Mr. Smith in contempt for mining his claim in violation of a district court order. 3 I. The Administrative Decision. 4 The issue which controlled the outcome in the administrative proceedings was whether Mr. Smith had located "valuable mineral deposits," 30 U.S.C. § 22 , or mere "common varieties of ... stone." 30 U.S.C. § 611 . It is the "continuing policy of the Federal Government in the national interest to foster and encourage private enterprise in (1) the…