U.S. v. ALBERS

No. 99-10071.

226 F.3d 989 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Mark C. ALBERS; Jim T. Freegard; David W. Moran; Erin Moran; David Pierce; Carmel Presse; J. Lyle Presse; Jeff Schlabs; Mark Sheehan; Kirk Smith; David M. Strobel; Steve Van Horn, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2000.


Attorney(s) appearing for the Case

Fred M. Morelli, Jr., Aurora, Illinois, for the defendants-appellants.

Camille D. Bibles, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellee.

Before: HUG, Chief Judge, D. W. NELSON, and McKEOWN, Circuit Judges.


ORDER

The opinion filed on July 17, 2000 is hereby WITHDRAWN.

SO ORDERED.

OPINION

D.W. NELSON, Circuit Judge:

National Park Service rangers arrested Mark Albers and eleven others (collectively "Albers" or "the defendants") for BASE jumping in the Glen Canyon National Recreation Area. The government charged the defendants with delivering and retrieving persons by parachute, in violation of 36 C.F.R § 2.17(a)(3), and disorderly...

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