U.S. v. CAUDLE

No. 93-30352.

48 F.3d 433 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth M. CAUDLE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1995.


Attorney(s) appearing for the Case

James C. Bartlett, Hash, O'Brien & Bartlett, Kalispell, MT, for defendant-appellant.

Dennis J. Hester, Asst. U.S. Atty., Kalispell, MT, for plaintiff-appellee.

Before: POOLE, BRUNETTI and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

This case involves the offenses of moving survey markers and building a road on National Forest land.

Caudle was hired by property owners to cut timber on their ranch. The ranch was surrounded by a national forest. At the rancher's request, the government surveyed the boundary and clearly marked it, to avoid inadvertent trespass.

The government charged Caudle with stealing trees, destroying a survey line, and constructing...

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