U.S. v. HARRINGTON

No. 12-10526.

749 F.3d 825 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Sean HARRINGTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2014.


Attorney(s) appearing for the Case

Katherine L. Hart (argued), Fresno, CA, for Defendant-Appellant.

Megan Anne Schultz Richards (argued) and Brian William Enos , Assistant United States Attorneys, Benjamin B. Wagner , United States Attorney, Camil A. Skipper , Appellate Chief, Fresno, CA, for Plaintiff-Appellee.

Before: STEPHEN REINHARDT, JOHN T. NOONAN, and ANDREW D. HURWITZ, Circuit Judges.


OPINION

NOONAN, Circuit Judge:

Sean Harrington appeals his federal conviction for refusal to submit to a test of his blood alcohol content.

We reverse.

I

A

On the night of June 10, 2011, a federal park ranger observed Harrington's car stopped in a nonpublic area of Yosemite National Park. The car's lights were on; its engine was running. The ranger approached the vehicle, finding Harrington alone in the driver's seat....

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