United States v. Ward Richard McAlister

McKAY, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir. R. 10(e). The cause is therefore ordered submitted without oral argument.

Appellant was charged with a federal crime, trespass upon a nuclear plant site,1 having as its maximum penalty a $1000 fine. The district court granted the government’s Motion to Prohibit Jury Trial, ruling that the charged offense was “petty” and therefore outside the sixth…