United States v. Carey

The Ninth Circuit affirmed defendant's conviction for misdemeanor offenses stemming from his unlawful BASE jump in Yosemite National Park. The panel held that the permit exception in 36 C.F.R. 2.17(a)(3) -- which prohibits delivering a person or object by parachute, helicopter, or other airborne means -- is an affirmative defense for which defendant, not the government, bore the burden of proof. Therefore, the panel rejected defendant's contention that the government failed to establish all elements of section 2.17(a)(3), and held that defendant did not meet the burden of proof at trial. The court also held that the magistrate judge's reference to a news article about the trial, though perhaps imprudent, did not mandate recusal pursuant to 28 U.S.C. 455(a). View "United States v. Carey" on Justia Law