United States v. Nature, No. 17-10161 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed defendant's conviction in violation of 36 C.F.R. 34.5(b)(21), for being dangerously under the influence of alcohol while he was in the El Portal Administrative Site adjacent to Yosemite National Park. The panel held that the dangerous-drinking-prohibition in 36 C.F.R. 2.35 applied to the Site, whether or not it was a "park area." The panel explained that, even if the Site was not a "park area," the panel must read section 34.5 with the necessary changes to make it applicable to the Site.