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UNITED STATES v. RAY

No. 80-5182.

652 F.2d 670 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Haskel RAY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 2, 1981.

Attorney(s) appearing for the Case

Donald B. Roe, Oak Ridge, Tenn. (court appointed), for defendant-appellant.

John H. Cary, U. S. Atty., Richard Harris, Asst. U. S. Atty., Knoxville, Tenn., for plaintiff-appellee.

Before EDWARDS, Chief Judge, and WEICK and MERRITT, Circuit Judges.

PER CURIAM.

In this case defendant-appellant Ray owned a tract of undeveloped mountain land upon which he was apparently undertaking strip mining operations. When inspectors from the Office of Surface Mining (OSM) entered the area with a Deputy United States Marshal to make an inspection "without advance notice" as authorized by 30 U.S.C. § 1267 (Supp. II 1978), appellant approached them, blocked the government vehicle...

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