United States v. John De Herrera , 394 F. App'x 430 ( 2010 )

FILED
NOT FOR PUBLICATION SEP 03 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50527
Plaintiff - Appellee, D.C. No. 2:08-cr-01085-CBM
v.
MEMORANDUM *
JOHN DE HERRERA,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Consuelo B. Marshall, District Judge, Presiding
Submitted August 23, 2010 **
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
John De Herrera appeals pro se from the bench-trial conviction and 24-
month unsupervised probationary sentence imposed for committing the
misdemeanor offenses of: (1) commemorative installation of a structure in a
federal park area without authorization; and (2) tampering with property in a
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
federal park, in violation of 36 C.F.R. §§ 2.62(a) and 2.31(a)(2).
De Herrera admits to committing the offenses, but contends that the
conviction should be set aside based on his defense of necessity. The district court
correctly concluded that there was no evidence to support De Herrera’s necessity
defense. Accordingly, this contention lacks merit. See United States v. Perdomo-
Espana, 522 F.3d 983, 987 (9th Cir. 2008).
AFFIRMED.
2 09-50527