United States v. James R. Hensher

97 F.3d 1462 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 R. HENSHER, Defendant-Appellant. No. 92-16664. United States Court of Appeals, Ninth Circuit. Argued and Submission Deferred Aug. 17, 1995. Submitted Sept. 23, 1996. Decided Sept. 23, 1996. 1 Before: KOZINSKI and NOONAN, Circuit Judges, and BREWSTER, District Judge. * 2 MEMORANDUM ** 3 On August 17, 1995, we deferred submission to permit the parties to settle with the aid of the Appellate Commissioner. Nine months later, on May 20, 1996, the Appellate Commissioner advised us that settlement efforts were not successful. We therefore order the case submitted and proceed to decide it. 4 To prove that he was not trespassing on National Forest Service lands, Hensher had to show that his occupancy was authorized by law. For the reasons explained below, Hensher failed to raise a genuine issue of material fact as to his right to occupy the land. The district court…