United States v. Downin

ORDER

KARLTON, Chief Judge Emeritus.

This matter is before the court on appeal from a conviction by the magistrate judge. The magistrate judge had jurisdiction over the misdemeanor offense under 18 U.S.C. § 3401, and this court has jurisdiction over the appeal pursuant to 18 U.S.C. § 3402. For the reasons explained below, the judgment is reversed.

I

FACTS

Appellant was convicted in Redding, California, on June 16, 1994, of violating 36 C.F.R. § 261.6.(e), which prohibits hauling untagged timber. Appellant was stopped by a Forest Service agent on March 13, 1994, while driving his pickup truck in…