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UNITED STATES v. ESPOSITO

No. 84-5090.

754 F.2d 521 (1985)

UNITED STATES of America, Appellee, v. Mark ESPOSITO, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 8, 1985.

Attorney(s) appearing for the Case

C. David Gantt, Asheville, N.C., for appellant.

Jerry W. Miller, Asst. U.S. Atty., Asheville, N.C. (Charles R. Brewer, U.S. Atty., Asheville, N.C., David A. Sawyer, Paralegal Specialist on brief), for appellee.

Before MURNAGHAN and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge.

Mark Esposito was convicted of conducting unauthorized work activity on federal lands in violation of 36 C.F.R. § 261.10(c). He appeals, arguing that his conduct was not proscribed by this regulation or, in the alternative, that his actions were justified. We reverse because § 261.10(c) is not applicable to a holdover tenant, who is prosecuted for conduct that is related to the issues of a pending appeal pursuant to the Uniform...

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