Nature
Nature v. United States
Opinion
Lead Opinion
Drozd, J.
ORDER DENYING APPEAL OF MAGISTRATE JUDGE . DECISION
Pending before the court is a criminal appeal of a misdemeanor conviction following an August 11, 2016 bench trial. On August 23, 2016, defendant-appellant Adrian Nature (hereinafter “Nature”) filed his notice of appeal indicating he was appealing both the conviction and sentence as well as the assigned magistrate judge’s order denying his motion to dismiss. (Doc. Nos. 19.) Appellant’s brief was filed on November 23, 2016. (Doc. No. 25.) Appel-lee’s brief was filed on December 14, 2016. (Doc. No. 26.) Appellant replied on December 21, 2016. (Doc. No. 27.) Oral argument was heard on March 13, 2017, with Assistant Federal Defender Erin Snider appearing on behalf of'Nature and Assistant United '-States' Attorney' Michael Tierney appearing on behalf of the United States. For the reasons set forth below, the court will deny the appeal and affirm the judgment'as well as the order of the magistrate judge. '
BACKGROUND
The essential facts of the case are uncontested, and are .recounted here only briefly. On September 3, 2015, park rang *637 ers responded to the El Portal Community Center parking lot located in the El Portal…