United States v. Osguthorpe

MEMORANDUM OPINION AND ORDER

BENSON, District Judge.

This matter comes before the Court on defendant’s appeal of the magistrate judge’s decision and sentencing entered August 11, 1997. For the following reasons the magistrate judge’s decision is reversed.

BACKGROUND

Defendant D.A. Osguthorpe is a 76 year old veterinarian who has been involved in the sheep ranching business for over 40 years. Defendant has routinely put his sheep out to summer pasture in Summit County on private ground located in the mountains above Park City, Utah. This private ground borders the Wasatch-Cache National Forest.…