Murphy-Ellis

*489 MEMORANDUM *

Silas Murphy-Ellis appeals his conviction for interfering with a Forest Service officer in the performance of his duties in violation of 36 C.F.R. § 261.3 (a). Murphy-Ellis challenges the denial of his motion for acquittal and his post-trial motions. Murphy-Ellis argues that: (1) the government failed to prove that he willfully intended to interfere with the officer, but proved only that his actions had the effect of interfering; (2) the information should have been dismissed because it failed to allege mens rea; and (3) the regulation is unconstitutionally overbroad and vague. The district court rejected these and similar arguments, and we likewise reject them as unsupported by law.

The enabling statute under which 36 C.F.R. § 261.3 (a) was promulgated is 16 U.S.C. § 551 . This statute authorizes the Secretary of Agriculture to create such regulations “as will insure the objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction.” Violations of such regulations are petty offenses, with a maximum jail term of six months and a fine of $5000. The regulations that carry these criminal penalties…