Mark

MEMORANDUM **

Randall G. Mark appeals the district court’s affirmance of his conviction under 36 C.F.R. § 261.3 for resisting a Forest Service officer engaged in the performance of his official duties. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

First, Mark contends that the Forest Service officers were not acting within *281 their official duties when they made the arrest and that therefore Mark was not in violation of 36 C.F.R. § 261.3 (a). See id. (prohibiting “[t]hreatening, resisting, intimidating, or interfering with any forest officer engaged in or on account of the performance of his official duties in the protection, improvement, or administration of the National Forest System”). We review a district court’s interpretation of a regulation de novo. United States v. Bucher, 375 F.3d 929, 931 (9th Cir.2004). At the time of Mark’s arrest, the arresting Forest Service officers were on duty and investigating the obstruction of a Forest Service road, where Mark was warming himself over a small fire in the middle of the road. Also, Officer Moullet testified that he believed he could have arrested Mark for standing in the middle of the blocked roadway. See…