United States v. Freed

189 Fed. Appx. 888, 2006 U.S. App. LEXIS 17716

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United States v. Freed

United States Court of Appeals for the Eleventh Circuit
189 Fed. Appx. 888, 2006 U.S. App. LEXIS 17716

Facts

Freed (defendant) incorporated and served as a trustee of the trust that owned a campground in a national forest. The Forest Service discovered improvements and construction on the national-forest land near the campground. Despite two letters informing Freed that the improvements and construction violated Forest Service regulations, the Forest Service observed unauthorized improvements and construction on two additional occasions over the next three years. An undercover Forest Service officer spoke with Freed about the violations and issued citations that were subsequently dropped. Two years later, the same Forest Service officer observed that the improvements were still being maintained and served Freed with additional citations. The United States (plaintiff) charged Freed with the misdemeanor offenses of using national-forest lands without a special-use permit and constructing and maintaining improvements on national-forest lands. Freed was tried by a magistrate judge and found guilty as a responsible corporate agent of the trust that owned the campground. The district court affirmed Freed’s convictions. Freed appealed, arguing that the district court erred in concluding that the offenses of conviction were strict-liability offenses and in finding Freed guilty under vicarious-liability principles.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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