United States of America,plaintiff-Appellee v. Gerald A. Henderson

GRABER, Circuit Judge:

Defendant Gerald Henderson appeals his conviction under 43 U.S.C. § 1733(a) for violations of two subsections of 43 C.F.R. § 3715.6, a regulation promulgated by the Bureau of Land Management (BLM). Defendant contends that the magistrate judge 1 committed reversible error when he failed to instruct the jury that 43 U.S.C. § 1733 is a “specific intent” offense, requiring the prosecution to prove that Defendant knew that his conduct was unlawful. We agree with Defendant that 43 U.S.C. § 1733 is a specific-intent offense. However, because the magistrate judge’s failure to…