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UNITED STATES v. McCULLOCH

Cr. No. 3-82-57.

562 F.Supp. 103 (1983)

UNITED STATES of America v. John Clarence McCULLOCH.

United States District Court, E.D. Tennessee, N.D.

February 3, 1983.

Attorney(s) appearing for the Case

Mary Ann Reese, Asst. U.S. Atty., Knoxville, Tenn., for plaintiff.

Joseph M. Tipton, Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

Defendant appeals from a conviction for violations of 36 C.F.R. 261.5(c) and (d) for causing timber, trees, brush and grass to burn without a permit and knowingly and willfully leaving a fire without completely extinguishing it. The case was tried on July 2, 1982 before the United States Magistrate sitting without a jury. Although the trial was tape-recorded, the tapes were subsequently discovered to be blank. The...

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