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U.S. v. VELTE

Nos. 01-50669, 01-50681.

331 F.3d 673 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Jack Carl VELTE, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Jack Carl Velte, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2003.

Attorney(s) appearing for the Case

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when oral argument was heard and opinion was filed), Steve Miller, Assistant U.S. Attorney, San Diego, CA, for the plaintiff-appellant/cross-appellee.

Vincent J. Brunkow, San Diego, CA, for the defendant-appellee/cross-appellant.

Before: HUG, BRUNETTI and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether an individual who, as determined by a jury, purposefully set fire to a national forest, is nonetheless entitled to acquittal of the offense of setting fire to federal land "without authority."

I

On July 22, 2000, a fire was set in the Cleveland National Forest that consumed a large tract of land before it was finally extinguished. The first officer on the scene was Deputy Sheriff McClendon who testified...

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