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.
Case Listing --- Proposition One ---- Peace Park