United States Ninth Circuit

A volunteer fireman's sentence under U.S.S.G. section 2K1.4(a)(1) for setting almost 1,000 acres of public lands afire, in violation of 18 U.S.C. section 1855, is reversed and remanded where: 1) the district court didn’t state the basis for finding that the public land was destroyed; 2) there is no evidence in the record to support the contention that the land was destroyed; and 3) the extent of damage to the public land is a factual determination as to which there needs to be evidence.

Appellate Information

• Decided 06/16/2011
• Published 06/16/2011

Judges

• Kozinski

Court

• United States Ninth Circuit

Counsel