Legal Opinion

United States v. Joel Andrew Wyatt, AKA "Lupine" Rebecca Kay Smith

Court of Appeals for the Ninth Circuit

Decided May 26, 2005No. 04-30316PublishedCited by 29 opinions

1Opinion of the Court

BEA, Circuit Judge.

Joel A. Wyatt and Rebecca Kay Smith (collectively “defendants”) appeal their convictions' for (1) using, or aiding and abetting the use of, a hazardous or injurious device on federal land" with the intent to obstruct a timber harvest; and (2) maintaining an unauthorized structure on National Forest land. We have jurisdiction under ;28 U.S.C. § 1291. We consider below whether 18 U.S.C. § 1864(a), which in part prohibits the use of hazardous or injurious devices on federal land with the intent to obstruct or harass the harvesting of timber, is unconstitutionally vague as…

2Cases cited6 opinions

  1. Kolender v. LawsonSupreme Court of the United States · 1983
  2. Federal Land Bank of St. Paul v. Bismarck Lumber Co.Supreme Court of the United States · 1941
  3. Posters 'N' Things, Ltd. v. United StatesSupreme Court of the United States · 1994
  4. United States v. David Phillips, United States of America v. David PhillipsCourt of Appeals for the Ninth Circuit · 2004
  5. United States v. Rafael RodriguezCourt of Appeals for the Ninth Circuit · 2004

1 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. United States v. KilbrideCourt of Appeals for the Ninth Circuit · 2009
  2. United States v. MincoffCourt of Appeals for the Ninth Circuit · 2009
  3. United States v. BanksCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. ShetlerCourt of Appeals for the Ninth Circuit · 2011
  5. Jovanna Edge v. City of EverettCourt of Appeals for the Ninth Circuit · 2019

24 more not listed; retrieve them via the Exa API.

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