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U.S. v. WYATT

No. 04-30316.

408 F.3d 1257 (2005)

UNITED STATES of AMERICA, Plaintiff-Appellee, v. JOEL ANDREW WYATT, aka "Lupine"; REBECCA KAY SMITH, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2005.

Attorney(s) appearing for the Case

David C. Avery, Federal Defenders of Montana, argued the cause for the appellant. John Rhodes and Jon Wilson, Federal Defenders of Montana, were also on the briefs.

Joshua S. Van De Wetering, Office of the U.S. Attorney, argued the cause for the appellee. William W. Mercer, Office of the U.S. Attorney, was also on the brief.

Before O'SCANNLAIN, McKEOWN, and BEA, Circuit Judges.

BEA, Circuit Judge.

Joel A. Wyatt and Rebecca Kay Smith (collectively "defendants") appeal their convictions for (1) using, or aiding and abetting the use of, a hazardous or injurious device on federal land with the intent to obstruct a timber harvest; and (2) maintaining an unauthorized structure on National Forest land. We have jurisdiction under 28 U.S.C. § 1291. We consider below whether 18 U.S.C. § 1864(a), which in part prohibits the use of hazardous...

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