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U.S. v. JOHNSON

No. 97-5023.

159 F.3d 892 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. John E. JOHNSON, III; William V. Letempt; Jeffery O. Pike; Daniel Gallagher, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 28, 1998.

Attorney(s) appearing for the Case

ARGUED: Eric Jason Foster, Pitts, Hay, Hugenschmidt & Devereux, P.A., Asheville, North Carolina; Brian L. Michaels, Eugene, Oregon, for Appellants. Kenneth Davis Bell, First Assistant United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Sean P. Devereux, Pitts, Hay, Hugenschmidt & Devereux, P.A., Asheville, North Carolina, for Appellants. Mark T. Calloway, United States Attorney, Thomas R. Ascik, Assistant United States Attorney, Ellen Horstein, Office of the General Counsel, United States Department of Agriculture, Asheville, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, MOTZ, Circuit Judge, and BULLOCK, Chief United States District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

This appeal involves a challenge to federal regulations that prohibit a noncommercial group of 75 or more persons from using the national forests without first obtaining a permit. Because the Government presented ample evidence to support convictions for violating these regulations and because application of the regulations here did not infringe upon First Amendment rights, we affirm.

I.

The Government...

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