Saturday, March 5, 2011

SACRAMENTO, CA, March 4, 2011 – United States Attorney Benjamin B. Wagner announced that Dean Lundie, 59, of Orland, was convicted yesterday of unauthorized taking from a National Wildlife Refuge, destruction of natural objects from a National Wildlife Refuge, unlawfully cutting, injuring, or destroying trees on United States land, and trespassing on a National Wildlife Refuge. The guilty verdict was returned by a federal jury in Sacramento after a four-day trial before United States Magistrate Judge Kendall J. Newman.

According to testimony presented at trial, Lundie cut down more than 35 trees in the Sacramento River National Wildlife Refuge, took the cut wood for himself, destroyed additional flora on the refuge land by pouring gravel, and trespassed by exceeding the scope of his access on the refuge land. Lundie owns property adjacent to the refuge, which has an easement to allow him access to his well on the refuge property, but he did not have authorization to do any of the acts for which he was prosecuted.

This case is the product of an investigation by the United States Fish and Wildlife Service. Misdemeanor Prosecutors Catherine Chyi and Robert Sweetin are prosecuting the case.

Lundie is scheduled to be sentenced by Judge Newman on May 18, 2011, at 9:00 a.m. The maximum statutory penalty for a misdemeanor violation of unauthorized taking, destruction, and trespass is six months in prison. The maximum statutory penalty for a misdemeanor violation of destruction of trees is one year in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

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