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U.S. v. HATCH

No. 89-10233.

919 F.2d 1394 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Richard K. HATCH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 29, 1990.

Attorney(s) appearing for the Case

Joseph M. Foley, Joseph and Daniel Foley Associates, Las Vegas, Nev., for defendant-appellant.

David S. Moynihan, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before ALARCON and POOLE, Circuit Judges, and HATTER, District Judge.

POOLE, Circuit Judge:

Richard K. Hatch, a miner, appeals his conviction for constructing a road on National Forest Service land without authorization or an approved operations plan, in violation of 16 U.S.C. § 551 and 36 C.F.R. § 261.10(a). He argues that the court erred in failing to grant his motion, first made after conviction but before sentencing, that the information failed to charge an offense because the Forest Service had not been in compliance...

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