Legal Opinion
United States v. Jan E. True Fred B. Roth Thomas E. O'Dell Timothy D. Moran Barry M. Geiken
Court of Appeals for the Ninth Circuit
Decided October 7, 1991No. 90-30067PublishedCited by 5 opinions
1Opinion of the Court
CANBY, Circuit Judge:
Jan True and four other individuals appeal their convictions for being present in an area of a National Forest closed to the public. We find that the closure order on which their convictions were based was invalid for failure adequately to describe its scope, as required by Forest Service regulations. Accordingly, we reverse.
FACTS AND PROCEEDINGS BELOW
Appellants were arrested in an area of the Siuslaw National Forest1 which the National Forest Service maintains was closed pursuant to 36 C.F.R. § 261.50. After a bench trial based on stipulated facts, appellants were…
2Cases cited8 opinions
- Kolender v. LawsonSupreme Court of the United States · 1983
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- National Labor Relations Board v. Catholic BishopSupreme Court of the United States · 1979
- United States v. Arnold GemmillCourt of Appeals for the Ninth Circuit · 1976
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3Cited by5 opinions
- United States v. William James BichselCourt of Appeals for the Ninth Circuit · 2005
- United States v. Joseph M. GlissonCourt of Appeals for the Seventh Circuit · 1996
- United States v. BichselCourt of Appeals for the Ninth Circuit · 2005
- United States v. Jan E. True Fred B. Roth Thomas E. O'Dell Timothy D. Moran Barry M. GeikenCourt of Appeals for the Ninth Circuit · 1991
- United States v. WakefieldCourt of Appeals for the Ninth Circuit · 2004