United States Ninth Circuit

18 U.S.C. section 1864(a), which prohibits the use of hazardous devices on federal land to obstruct the harvesting of timber, is not unconstitutionally vague as applied to visible and unmodified ropes strung above a proposed helicopter landing site.

Appellate Information

• Argued 02/08/2005
• Decided 05/26/2005
• Published 05/26/2005

Judges

• BEA, Circuit Judge., Before O'SCANNLAIN, McKEOWN, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David C. Avery, Federal Defenders of Montana, argued the cause for the appellant.  John Rhodes and Jon Wilson, Federal Defenders of Montana, were also on the briefs.


• For Appellees:
  
• Joshua S. Van De Wetering, Office of the U.S. Attorney, argued the cause for the appellee.  William W. Mercer, Office of the U.S. Attorney, was also on the brief.