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U.S. v. WELLS

Nos. 16-4006, 16-4007.

873 F.3d 1241 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Monte Jerome WELLS and Phillip Kay Lyman, Defendants-Appellants. Beaver County, Utah; Box Elder County, Utah; Carbon County, Utah; Daggett County, Utah; Duchesne County, Utah; Garfield County, Utah; Iron County, Utah; Kane County, Utah; Millard County, Utah; Piute County, Utah; Rich County, Utah; San Juan County, Utah; Sevier County, Utah; Tooele County, Utah; Utah County, Utah; Washington County, Utah; Wayne County, Utah; Weber County, Utah, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

October 23, 2017.

Attorney(s) appearing for the Case

Michelle Mumford , Mumford PC, Salt Lake City, Utah, for Defendant-Appellant Monte Jerome Wells.

Phil Lyman, Blanding, Utah, filed a brief pro se.*

Jared C. Bennett , Assistant United States Attorney ( John W. Huber , United States Attorney, and Lake Dishman , Assistant United States Attorney, with him on the brief), United States Attorney's Office, District of Utah, for Plaintiff-Appellee.

J. Mark Ward , Murray, Utah, filed an Amici Brief for Beaver, Box Elder, Carbon, Daggett, Duchesne, Garfield, Iron, Kane, Millard, Piute, Rich, San Juan, Sevier, Tooele, Utah, Washington, Wayne, and Weber Counties, Utah, in support of Defendant-Appellant Phillip Kay Lyman.

Before HARTZ, MURPHY, and HOLMES, Circuit Judges.

Recapture Canyon lies just east of Blanding in Southeastern Utah and runs south of Recapture Dam and U.S. Highway 191 along a creek. The Bureau of Land Management ("BLM") closed an area of Recapture Canyon to all-terrain vehicles ("ATVs")1 in 2007, to prevent soil damage and the spoliation of archeological...

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