Montana man sentenced to federal prison for building ATV trail

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Written by Los Angeles Times   
Friday, January 15, 2010

Kelly Burgess

A Livingston, Mont., resident has been sentenced to five months in federal prison, a $2,000 fine and $25,000 in restitution for damage done by his building an illegal ATV route in a national forest.

Francis Leroy McLain, 60, pleaded guilty last month to the misdemeanor charge of damage to government property for trail work done in Gallatin National Forest, located behind his residence, reports the Billings Gazette. McLain originally was indicted on a felony and faced a maximum one year in prison and $100,000 fine, but agreed to admit to a misdemeanor in a plea agreement.

McLain told the judge that he enjoyed hiking in the forest behind his property and thought he'd clear some blown-down trees from a trail and reduce the fire hazard.

Turns out, McLain did more than clear a few displaced trees. U.S. Forest Service officials determined that McLain built a mile-and-a-half-long, six-foot-wide ATV trail. Agency officials estimated the cost to restore the land to prevent erosion and dispose of downed trees that McLain had stacked to be more than $33,000.

His prison term will run concurrently with a four-year federal sentence he is serving for tax evasion in Minnesota.
I'm curious as to if readers think the punishment was too severe, fit the crime, or wasn't harsh enough.

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Source: http://latimesblogs.latimes.com/outposts/2010/01/montana-man-sentenced-to-federal-prison-for-building-atv-trail.html



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“As a rancher who leases public lands for cattle, I’ve seen my share of cut fences and rangeland damaged by ORV use. I’ve also experienced ORV trespass onto my private lands. But I’ve had no way to identify the culprits when reporting trespass or illegal ORV use to local law enforcement. Congress should require that ORVs used on public lands have visible identification plates or decals. Doing so would remove the anonymity enjoyed by ORV riders who are bent on breaking the rules.”

- Ambers Thornburgh, second-generation rancher from Oregon who grazes cattle on his private land and adjacent lands leased from the Bureau of Land Management