United States v. Gary A. Newman

POOLE, Circuit Judge:

Gary A. Newman appeals his conviction and sentence, following a jury trial, for one count of setting a fire willfully and without authority in a National Forest in violation of 18 U.S.C. § 1855. We have jurisdiction over this timely appeal under 28 U.S.C. § 1291. We affirm Newman’s conviction, but we vacate his sentence and remand for recalculation of the offense level and reconsideration of restitution in light of Newman’s ability to pay.

I

On March 26,1990, Newman was convicted of setting a fire in the Coronado National Forest. This court reversed his conviction on appeal…