United States v. McGlynn ( 2000 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
DEC 15 2000
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 00-4098
(D. Ct. No. 96-CR-0052B)
GRAVITY SPORTS, LTD., DENNIS (D. Utah)
McGLYNN,
Defendant - Appellant.
ORDER AND JUDGMENT*
Before TACHA, McKAY, and HENRY, Circuit Judges.
This appeal is from an order of the district court affirming the conviction and
sentences of defendants Dennis McGlynn and Gravity Sports, Ltd., who were charged
with aiding and abetting Paul Thompson in violating National Park Service Regulation 36
C.F.R. § 2.17(a)(3), a class B misdemeanor, by delivering a person or object to the
surface of Lake Powell in the Glen Canyon National Recreation Area on the Utah side, by
a parachute without a permit. The defendants were found guilty of these offenses and the
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. This court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
sentences were imposed by the magistrate judge and affirmed by the district court.
The defendants’ appeal urges us to interpret § 2.17(a)(3) in a way that
distinguishes this case from United States v. Oxx, 127 F. 3d 1277 (10th Cir. 1997). The
district court in this case clearly stated
[b]oth sides acknowledge that the parachutes used by the
defendants are the same as those at issue in Oxx. As stated in
Oxx, , “the term ‘parachute’ in § 2.17(a)(3) unambiguously
applies to the parachutes used by defendants in BASE
jumping.” See Oxx, 127 F.3d at 1279. The Tenth Circuit
further stated, “[a] parachute by any other name is still a
parachute, and delivering a person by parachute is prohibited”
and “[t]echnological improvement in the shape,
maneuverability, and control of modern parachutes, including
those used here, do not make them cease to be parachutes.”
Id. at 1279-80.
United States v. Gravity Sports, Ltd., No. 2:96-CR-0052 B, slip op. at 5 (D. Utah May 30,
2000).
We find that the device used in this case is exactly the same device as that used in
Oxx. We therefore find no principled way to distinguish this case from prior controlling
authority of this court. This appeal is controlled by Oxx, supra. The order of the district
court is affirmed.
ENTERED FOR THE COURT,
Deanell Reece Tacha
Circuit Judge
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