United States v. Lex

ORDER

KARLTON, Senior District Judge.

Federal regulations define the right to use federal land. They prohibit, inter alia, the:(b) Taking possession of, occupying, or otherwise using National Forest System lands for residential purposes without a special-use authorization, or as otherwise authorized by Federal law or regulation

36 C.F.R. 261.10(b)

and provide for criminal sanctions for violation. 1

Appellants were prosecuted before a United States Magistrate Judge for a violation of the above regulation. They brought a Rule 29 motion at the close of the government’s case, contending that they were…