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U.S. v. STRONG

No. 95-30113.

79 F.3d 925 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry STRONG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1996.

Attorney(s) appearing for the Case

Gregory A. Jackson, Jackson & Rice, Helena, Montana, for defendant-appellant.

Kris A. McLean, Assistant United States Attorney, Helena, Montana, for plaintiff-appellee.

Before D.W. NELSON, JOHN T. NOONAN, Jr., Circuit Judges, and TANNER, District Judge.

D.W. NELSON, Circuit Judge:

Jerry Strong appeals his conviction for violating 36 C.F.R. § 261.10(c), which prohibits commercial activity on National Forest lands without special use authorization. He contends that there was insufficient evidence to support this conviction. We agree, and we therefore reverse.

I. FACTS AND PROCEEDINGS BELOW

Strong is a licensed outfitter and holder of a United States Forest Use Permit. In January, 1992, Strong...

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