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U.S. v. NYEMASTER

No. 96-10328.

116 F.3d 827 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Roger NYEMASTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Kevin P. Rooney, Assistant United States Attorney, Fresno, CA, for plaintiff-appellee.

Linda C. Harter, Assistant Federal Public Defender, Fresno, CA, for defendant-appellant.

Before: PREGERSON, FERGUSON, and KLEINFELD, Circuit Judges.

FERGUSON, Circuit Judge:

Roger Nyemaster appeals his conviction for being under the influence of alcohol in violation of 36 C.F.R. § 2.35(c). Nyemaster claims that the district court erred by convicting him based on insufficient evidence. Nyemaster further claims that 36 C.F.R. § 2.35(c) is impermissibly vague. We hold that Nyemaster's conviction was based on insufficient evidence and reverse the decision of the district court.

I.

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