UNITED STATES v. PICCIOTTO AND THOMAS

US APP No. 84-5462

UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 84-5462

September Term, 1984
Criminal No. 83-00243
United States of America

v.

William Thomas
Appellant

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Before: WRIGHT and SCALIA, Circuit Judges and McGOWAN, Senior Circuit Judge.

JUDGMENT

This cause came to be heard on the record on appeal from the United States District Court for the District of Columbia and was briefed and argued by court-appointed counsel for the appellant and by counsel for appellee. This court has fully considered the issues presented; it occasions no need for an opinion. See D.C. Cir. R. 13(c).

The appellant challenges his conviction under 36 C.F.R. 50.27 and 16 U.S.C. 3, which together make it illegal to camp on federal parkland without a permit. in light of the District Court's Memorandum of Findings of Fact and Conclusion of Law of June 15, 1984, we find the evidence sufficient to support the conviction. For the reasons set forth in the District Court's Memorandum of December 22, 1984, we find unpersuasive the appellant's claims that he vas selectively prosecuted, that he was entitled to a jury trial, and that he should be granted leave to take discovery on the claim of selective prosecution. For the reasons set forth in the opinions cited in our Judgment in United States v. William Thomas, No. 83-1769 (D.C. Cir. Dec. 21, 1984)., we find without merit appellant claims that the regulation is unconstitutional on its face and as applied. On consideration of the foregoing, it is

ORDERED and ADJUDGED, by this court, that the judgment of the District Court from which this appeal was taken is hereby affirmed. It is

FURTHER ORDERED, by this court, sua sponte, that the Clerk shall withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. R. 14, as amended on November 30, 1981 and June 15, 1982. This instruction to the Clerk is without prejudice to the right of any party at any tine to move for expedited issuance of the mandate for good cause shown.

Per Curiam
For The Court
(signed)
George A Fisher
Clerk

Bills of cost must be filed within 14 days after entry of judgment. The Court looks with disfavor upon motions to file bills of costs out of time.


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