United States Ninth Circuit

Defendant's conviction under 50 C.F.R. section 27.94(a) for placing full, gallon-sized plastic bottles of water on trails in the Buenos Aires National Wildlife Refuge to help alleviate exposure deaths among undocumented immigrants crossing into the U.S. is reversed where the term "garbage" within the context of the regulation was sufficiently ambiguous that the rule of lenity would apply in this case.

Appellate Information

• Decided 09/02/2010
• Published 09/02/2010

Judges

• Sidney R. Thomas

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William G. Walker, Ann L. DeMarais