United States Ninth Circuit

Affirmed. Defendant bears the burden of proving a permit was obtained prior to BASE jumping in Yosemite National Park; it is not an element of the crime in 3 C.F.R. §2.17(a)3) the state is required to prove beyond a reasonable doubt. District court did not abuse its discretion in failing to recuse magistrate judge, where magistrate judge read a potentially prejudicial news article.

Appellate Information

• Published 2019/07/10

Judges

• Smith

Court

• United States Ninth Circuit

Counsel