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U.S. v. SMITH

No. CR-N-00-012-DWH(VPC).

106 F.Supp.2d 1049 (2000)

UNITED STATES of America, Plaintiff, v. Julian C. SMITH, Jr., Defendant.

United States District Court, D. Nevada.

March 14, 2000.

Attorney(s) appearing for the Case

Kathryn E. Landreth, United States Attorney, Kristal A. Marlow, Assistant United States Attorney, Reno, NV, for plaintiff.

Julian C. Smith, Jr., Smith and Harmer, Ltd., Carson City, NV, for defendant.

ORDER

HAGEN, District Judge.

Defendant was found guilty of the petty offense of using range improvements without authorization from the Bureau of Land Management ("BLM"), a violation of 43 C.F.R. § 4140.1(b)(2). He has appealed and the appeal has been fully briefed. Study of the record and the briefs informs the court sufficiently to decide the case without oral argument.

The facts are not disputed. Defendant's company has BLM grazing rights...

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