United States v. Mark
Opinion of the Court
MEMORANDUM
Randall G. Mark appeals the district court’s affirmance of his conviction under 36 C.F.R. § 261.3 for resisting a Forest Service officer engaged in the performance of his official duties. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
First, Mark contends that the Forest Service officers were not acting within
Next, Mark contends that the evidence adduced at trial was insufficient to sustain his conviction for violating 36 C.F.R. § 261.3(a). We review de novo a sufficiency of the evidence claim. Bucher, 375 F.3d at 934. We conclude that, viewed in the light most favorable to the prosecution, the evidence supported the findings that the arresting officers were investigating an illegal obstruction of a National Forest road and that the officers arrested Mark as a suspect in the road blockage. See id. (stating that evidence is insufficient if, when it is viewed in the light most favorable to the prosecution, a rational trier of fact could not have found the elements of the crime proved beyond a reasonable doubt). Thus, a reasonable trier of fact could have found that Mark’s arrest related to the performance of “official duties in the protection, improvement, or administration of the National Forest System.” See 36 C.F.R. § 261.3(a).
The district court’s affirmance of Mark’s conviction is therefore AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Randall G. MARK, Defendant—Appellant
- Status
- Published