36 C.F.R. § 261.3

Interfering with a Forest officer, volunteer, or human resource program enrollee or giving false report to a Forest officer

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The following are prohibited:

(a) Threatening, resisting, intimidating, or interfering with any forest officer engaged in or on account of the performance of his official duties in the protection, improvement, or administration of the National Forest System is prohibited.

(b) Giving any false, fictitious or fraudulent report or other information to any Forest Officer engaged in or on account of the performance of his official duties knowing that such report or other information contains false, fictitious or fraudulent statement or entry.

(c) Threatening, intimidating, or intentionally interfering with any Forest officer, volunteer, or human resource program enrollee while engaged in, or on account of, the performance of duties for the protection, improvement, or administration of the National Forest System or other duties assigned by the Forest Service.

[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 FR 25450, June 21, 1984]
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1982–2021 · leading case: United States v. Duane A. Willfong, 274 F.3d 1297 (9th Cir. 2001).
United States v. Duane A. Willfong, 274 F.3d 1297 (9th Cir. 2001). · cites it 16× “land, after a *1299 Forest Service Law Enforcement Officer ordered him to do so at the behest of the Forest Service representative authorized to shutdown the logging operation, constitute “interfering with any forest officer engaged in or on account of the performance of his…”
United States v. Thomas McDill, Jr., 871 F.3d 628 (8th Cir. 2017). · cites it 22× “while engaged in, or on account of, the performance of duties for the protection, improvement, or administration of the National Forest System or other duties assigned by the Forest Service.”
United States v. Gabriel Bucher, 375 F.3d 929 (9th Cir. 2004). · cites it 2× “We have recently interpreted analogous regulatory language in this way. In United States v.”
United States v. Richard Stuart Arbo, 691 F.2d 862 (9th Cir. 1982). · cites it 4× “§ 551 and 36 C.F.R. § 261.3 (1981). Arbo makes two claims on appeal.”
United States v. George Hoff, 22 F.3d 222 (9th Cir. 1994). · cites it 3× “” 36 C.F.R. § 261.3 (a) (emphasis added). Because these offenses are plainly stated in the disjunctive, the lower courts’ focus on whether Hoff intimidated Ranger Thompson was entirely proper.”
United States v. Rainbow Fam., 695 F. Supp. 294 (E.D. Tex. 1988). “, 36 C.F.R. § 261.3 (prohibiting interference with a Forest Service officer engaging in official duties); 36 C.”
United States v. Murphy-Ellis, 47 F. App'x 488 (9th Cir. 2002). · cites it 3× “*489 MEMORANDUM * Silas Murphy-Ellis appeals his conviction for interfering with a Forest Service officer in the performance of his duties in violation of 36 C.F.R. § 261.3 (a). Murphy-Ellis challenges the denial of his motion for acquittal and his post-trial motions.”
United States v. Shawn Parker, 761 F.3d 986 (9th Cir. 2014). “10 (c), and one misdemeanor count of threatening, resisting, intimidating, or interfering with a Forest Service officer engaged in the performance of his official duties in the protection or administration of National Forest land in violation of 36 C.F.R. § 261.3 (a). The…”
United States v. Erik Bowers Ryberg, 43 F.3d 1332 (9th Cir. 1995). · cites it 2× “NOONAN, Circuit Judge: Erik Ryberg appeals his conviction of a violation of 36 C.F.R. § 261.3 (a) and (c), issued by the Secretary of Agriculture under the authority of 16 U.”
Dickens v. United States, 19 A.3d 321 (D.C. 2011). “The Hoff court cited 36 C.F.R. § 261.3 (a), which prohibited "[tjhreat-ening, resisting, intimidating or interfering with any forest officer engaged in or on account of the performance of his official duties in the protection, improvement, or administration of the National…”
United States v. Cyrus Hussong, 778 F.2d 567 (10th Cir. 1985). “10 (c) and giving false information to a forest service officer in violation of 36 C.F.R. § 261.3 (b). Defendant pleaded guilty to the first count and was convicted of the second in a trial before Magistrate Jill S.”
United States v. Good, 257 F. Supp. 2d 1306 (D. Colo. 2003). “9 (a); Count IV: On or about November 21,-2000, threatening, resisting, intimidating, and interfering with a Forest Service officer in the performance of her official duties, in violation of 36 C.F.R. § 261.3 (a); Count V: Between September 25, 2001, and October 8, 2002,…”
— 36 C.F.R. § 261.3(c) — 1 case
United States v. Thomas McDill, Jr., 871 F.3d 628 (8th Cir. 2017). “while engaged in, or on account of, the performance of duties for the protection, improvement, or administration of the National Forest System or other duties assigned by the Forest Service.”
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