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U.S. v. SMITH

Nos. 87-3020, 87-3025.

866 F.2d 1092 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce SMITH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Roberta BLAIR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated December 1, 1987.

Resubmitted January 23, 1989.

Decided January 23, 1989.

Attorney(s) appearing for the Case

Michael G. Karnavas, Federal Public Defender, Anchorage, Alaska and William L. Choquette, Anchorage, Alaska, for defendants-appellants.

Mark R. Davis, Chief Asst. U.S. Atty., Anchorage, Alaska, for plaintiff-appellee.

Before NELSON, NORRIS and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Appellants Bruce Smith and Roberta Blair had an unpatented mining claim consisting of approximately twenty acres, located on lands open for mining in the 6,000,000 acre Chugach National Forest. It is possible to drive a two wheel drive vehicle to within a short walking distance of the claim. The appellants obtained the claim in the winter of 1983-84 and recorded it on May 22, 1984. On several occasions in May and June of 1984,...

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