Agency jurisdiction to prosecute offense is not affected by fact that notice of violation is served on non-federal property

JURISDICTION United States v. Anglin, No. 05-7070, ___ F.3d ___ (10th Cir. Feb. 28, 2006)(E.D. Oklahoma). Appeal of district court’s affirmance of petty offense trial before magistrate judge for cutting and removing forest product from national forest in violation of 36 C.F.R. § 261.6(h). HELD: Despite fact that defendant was stopped on non-federal property and served with notice of violation of federal regulation prohibiting removal of forest product (ginseng) from national forest, United States Forest Service did not lack jurisdictional authority. Congress authorized Secretary of Agriculture to promulgate rules and regulations governing use of national forests and further provided that any person charged with violating those regulations may be tried before a federal magistrate judge. Because defendant was charged with violating regulation properly promulgated under statute, it is irrelevant where he was presented with notice of violation. Read the opinion here.