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U.S. v. OXX

No. 96-4173.

127 F.3d 1277 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. William OXX, Jonathan Oxx, Martin Tilly, Christopher Berke, David Katz, Steve Mulholland, John M. Henderson, Aaron M. Brennan, and Michael Kvale, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 31, 1997.

Attorney(s) appearing for the Case

Lisa E. Jones, Department of Justice, Washington, DC (Lois Schiffer, Assistant Attorney General, Washington, DC, Scott M. Matheson, Jr., United States Attorney, Wayne Dance, Assistant United States Attorney, Salt Lake City, UT, and M. Alice Thurston, Department of Justice, Washington, DC with her on the brief), and Kevin Jones, Department of the Interior, Salt Lake City, UT, of counsel, for Plaintiff-Appellant.

Fred M. Morelli, Jr., Aurora, IL, for Defendants-Appellees.

Before KELLY, HOLLOWAY and HENRY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

The government appeals from an order dismissing a petty offense information charging Defendants-Appellees with the delivery of persons by parachute in a national park without a permit and not in an emergency, in violation of 36 C.F.R. § 2.17(a)(3) (1996). Our jurisdiction arises under 28 U.S.C. § 1291 and 18 U.S.C. § 3731. We reverse.

Background

Defendants are BASE jumpers. "BASE" is an acronym...

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