ELR Citation: ELR 20439
No(s). 00-10227 (9th Cir. Dec 21, 2001)

The court upholds a logger's conviction for refusing to desist logging operations in the Six Rivers National Forest after a U.S. Forest Service officer ordered him to do so at the behest of a Forest Service representative authorized to shut down the logging operation. The court first holds that the logger clearly interfered with a forest officer performing his official duties in violation of 36 C.F.R. §261.3. The officer was performing an official duty when he ordered the logger to stop operations. Further, the logger's refusal to obey the officer's order constitutes interference under the regulations. The regulation does not require that force or threatened force be used for there to be a violation.

A dissenting judge disagrees with the majority's interpretation of interference and would vacate the logger's conviction.

The full text of this decision is available from ELR (16 pp., ELR Order No. L-432).

Counsel for Plaintiff
Miquel Rodriguez, Ass't U.S. Attorney
U.S. Attorney's Office
U.S. Cthse., 501 I St., Ste. 10-200, Sacramento CA 95814
(916) 554-2700

Counsel for Defendant
Kenneth M. Bareilles
Law Offices of Kenneth M. Bareilles
533 E St., Eureka CA 95501
(707) 443-9338