Dahl

United States v. Dahl

Good Law
48 F. App'x 689
United States Court of Appeals for the Ninth CircuitOctober 11, 2002No. 01-50730; D.C. No. CR-00-00876-CAS-1California851 words

Opinion

Lead Opinion

MEMORANDUM **

After receiving numerous notices of noncompliance from the United States Forest Service (“USFS”), Terry Dahl was cited for failure to pay the $5.00 fee required to park for recreational purposes in the Southern California National Forests. He was tried and convicted of violating 36 C.F.R. § 261.15 , and ordered to pay a special assessment of $10.00 and restitution of $5.00. On appeal, he challenges USFS’s authority to charge a recreational fee on numerous grounds. We have jurisdiction, 28 U.S.C. § 1291 , and affirm, but remand for the limited purpose of amend *690 ing Dahl’s judgment of conviction to reflect that his conviction is for an Infraction, and not a Class B Misdemeanor. The parties are familiar with the facts and procedural history of the case, and therefore we will not detail them here except as necessary.

Dahl first argues that USFS’s decision to designate all four National Forests in Southern California “as one area for purposes of implementing its program” “appears contrary on its face to Congressional intent.” However, Dahl provides no support for the fact that all four Southern California forests are not one “area,” or why, if they are not, this is…

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