United States v. Nature, No. 17-10161 (9th Cir. 2018)
Annotate this CaseThe 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.
Court Description: Criminal Law. The panel affirmed the defendant’s conviction for being dangerously under the influence of alcohol in violation of 36 C.F.R. § 34.5(b)(21) while he was in the El Portal Administrative Site, which is adjacent to Yosemite National Park. The panel held that whether or not the Administrative Site is a “park area” within the meaning of the dangerous- drinking-prohibition contained in 36 C.F.R. § 2.35, section 34.5 incorporates the dangerous-drinking-prohibition with the necessary changes to make the prohibition applicable to the Administrative Site.
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