United States v. Robert W. Unser

HOLLOWAY, Circuit Judge.

Mr. Unser brings this timely, direct appeal from his conviction for unlawful possession and operation of a motor vehicle within a National Forest Wilderness Area in violation of 16 U.S.C. § 551 and 36 C.F.R. § 261.16(a). The maximum penalty for this conduct is a sentence of up to six months of imprisonment, a fine of up to $5,000, or both. 16 U.S.C. § 551 (setting out length of imprisonment authorized and maximum fine of $500); 18 U.S.C. § 3571(b)(6) (raising maximum fine to $5,000). The crime charged is a Class B misdemeanor (because the maximum authorized punishment…