United States v. Mark Potvin and Chuck Winslow

SETH, Circuit Judge.

Appellants, with other persons not parties to this appeal, were charged in a two count indictment with cutting and chopping standing timber and commencing to build a structure on lands of the United States, and making settlement upon lands of the United States without a permit or the approval of a Forest Service officer. Appellants refused trial before the United States Magistrate (18 U.S.C. § 3401) and when brought before the District Court demanded a jury trial which was denied them.

The record shows that the defendants went on the National Forest and without a permit,…