OPINION
PER CURIAM:
Appellant, Charles R. Cruthers, was convicted of theft of government property. 18 U.S.C. § 641. Appellant's alleged theft consisted of cutting 70 pole size Ponderosa Pines from the surface of his unpatented mining claim and using the timber to construct a residential cabin on private property — his adjacent patented claim.
The issue on appeal is whether the district court erred in instructing the jury that "a claimant...
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