United States v. Patrick L. Heathershaw

JOHN R. GIBSON, Circuit Judge.

Patrick Heathershaw appeals his conviction of theft of government property in excess of $100 value, 18 U.S.C. § 641 (1994). Heathershaw was convicted of stealing posts and barbed wire from a fence belonging to the Air Force and using the materials to build a fence on land he leased. Heather-shaw claims that the Air Force built its fence on land he leased, that the Air Force fence was a hazard to his livestock, and that he had a right to move it to make it safe. At trial, the district court excluded evidence that the fence was on Heathershaw’s leasehold,…