Legal Opinion

United States v. Wakefield

Court of Appeals for the Ninth Circuit

Decided October 25, 2004No. 04-30137; D.C. No. CR-03-02075-MRHPublished

1Opinion of the Court

MEMORANDUM **

Timothy G. Wakefield appeals the district court’s order affirming his conviction for operating a motor vehicle on a Forest Development Road without a valid driver’s license in violation of 36 C.F.R. § 261.54 and Forest Order No. 01-005. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

*530Wakefield contends that the Forest Service does not have authority to create the prohibition that he violated nor to enforce it. This argument is without merit. The Forest Service regulation at issue is well within the scope of its authority. See 36 C.F.R. § 261.50 (stating the…

2Cases cited1 opinion

  1. United States v. Jan E. True Fred B. Roth Thomas E. O'Dell Timothy D. Moran Barry M. GeikenCourt of Appeals for the Ninth Circuit · 1991

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