United States of America, Cross-Appellee v. Arvil Lake, Cross-Appellant

ALAN E. NORRIS, Circuit Judge.

The government appeals the district court’s order granting a judgment of acquittal after a jury had convicted defendant, Arvil Lake, of five counts of operating a coal mine in willful violation of the Federal Mine Safety and Health Act, 30 U.S.C. § 801 et seq., and one count of violating the Explosive Control Act, 18 U.S.C. § 841 et seq. The district court concluded that the government failed to prove the interstate commerce nexus required to convict on the mining safety violations, and that his purchase of explosives could not have violated federal law. On…