United States v. Wisecarver

HANSEN, Circuit Judge.

Following a jury trial, Marc Sean Wise-carver was convicted of one count of depredation of government property, in violation of 18 U.S.C. § 1361. The district court sentenced him to 36 months’ imprisonment. Wisecarver appeals, arguing that the evidence was insufficient to convict him, the district court erred in instructing the jury, and the sentence was improper. Because the supplemental jury instruction was erroneous, we reverse the judgment and remand the case for vacatur of the judgment of conviction and sentence.

I

Wisecarver owns an undivided one-sixth interest in a…