United States v. Ed Needles

MEMORANDUM

Ed Needles appeals his conviction, after a bench trial, for unlawfully maintaining, occupying and using a residence on National Forest System lands in violation of 36 C.F.R. § 261.10 (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Needles argues that his residence was authorized under his predecessor, Carlon McBroom’s, plan of operations for the Orion mine, which the United States Forest Service approved in 2003. Because Needles did not raise this argument before the district court, our review is for plain error. See United States v. Matus-Zayas, 655 F.3d 1092, 1098 (9th Cir.2011); United States v. Quintana-Torres, 235 F.3d 1197, 1199 (9th Cir.2000).

Assuming Carlon McBroom’s 2003 plan of operations remained in effect after his death in January 2004, there was no evidence at trial showing that it applied to Needles, who was not identified as an operator under the plan. Likewise, assuming McBroom could legally have transferred the 2003 plan to Needles, there was no evidence that he did so. The evidence established only that Needles (along with McBroom’s son) took over as owner and operator of the Orion mine after McBroom’s death and applied…