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UNITED STATES v. MONTGOMERY

No. 72-1801.

476 F.2d 623 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Ross William MONTGOMERY and Gordon Montgomery, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

March 30, 1973.

Attorney(s) appearing for the Case

James T. Ford (argued), Philip V. Sarkisian, Sacramento, Cal., for defendants-appellants.

William B. Shubb, Asst. U. S. Atty., (argued), Dwayne Keyes, U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before BROWNING and GOODWIN, Circuit Judges, and WILLIAMS, District Judge.

WILLIAMS, District Judge:

Defendants Ross Montgomery and Gordon Montgomery were convicted in the Eastern District of California of violating 18 U.S.C. § 1852. The statute provides in relevant part:

"Whoever cuts or wantonly destroys any timber growing on the public lands of the United States . . . shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not prevent any miner or agriculturist from...

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