Park

United States v. Park

Good Law
60 F. App'x 172
United States Court of Appeals for the Ninth CircuitMarch 17, 2003No. 01-30409; D.C. No. CR-01-04050-JPCCalifornia581 words

Opinion

Lead Opinion

MEMORANDUM **

Waring Park appeals pro se the district court’s affirmance of his conviction by a magistrate judge of camping in the Ash-land Watershed in violation of 36 C.F.R. § 261.58 (e). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3231 , and we affirm.

The district court properly concluded that the magistrate judge had jurisdiction to conduct a bench trial on the petty offense charge without Park’s consent. See 28 U.S.C. § 636 (a)(3) & (4); 18 U.S.C. § 3401 (b); see also 18 U.S.C. § 19 (defining petty offense); 36 C.F.R. § 261 .1b (stating penalty for violations of Part 261 include imprisonment of not more than six *174 months); U.S. v. Clavette, 135 F.3d 1308, 1309 (9th Cir.1998) (“Any offense punishable by a prison term of six months or less is presumed to be petty.”).

Because Park appeals his conviction, we view the record in the light most favorable to the Government and determine whether a rational trier of fact could have found the elements of the crime proved beyond a reasonable doubt. See U.S. v. Willfong, 274 F.3d 1297, 1300 (9th Cir.2001). The evidence supports a finding that Park camped within the boundaries of the Ashland Watershed.

Because…

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