1. Home
  2. Browse Decisions
  3. F.3d
  4. 512 F.3d
  5. 512 F.3d 1194 (2008)
 

U.S. v. LOWRY

No. 06-10469.

512 F.3d 1194 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Karen LOWRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2008.

Attorney(s) appearing for the Case

Monica Knox, Assistant Federal Public Defender, Sacramento, CA, for the appellant.

Samantha Spangler, Assistant United States Attorney, Sacramento, CA, for the appellee.

Before: ALFRED T. GOODWIN, JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

BYBEE, Circuit Judge:

In this case we are presented with a question of first impression: Who bears the burden of proof when a defendant is charged with occupation of Forest Service land in violation of 36 C.F.R. §§ 261.10(b) and (k)? Must the prosecution prove that the defendant does not have individual aboriginal title, or is the claim an affirmative defense? We hold that the occupant claiming individual aboriginal title bears the burden of demonstrating...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases