UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-991 D.C. No. Plaintiff - Appellant, 3:21-cr-00024- RCJ-CLB-1 v. GREGORY W. PHEASANT, OPINION Defendant - Appellee.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, Senior District Judge, Presiding

Argued and Submitted October 10, 2024 Las Vegas, Nevada

Filed February 19, 2025 Before: Carlos T. Bea, Mark J. Bennett, and Eric D. Miller, Circuit Judges.

Opinion by Judge Miller 2 USA V. PHEASANT

SUMMARY *

Criminal Law

The panel reversed the district court’s dismissal of a count charging Gregory W. Pheasant with driving an off- road vehicle on public lands at night without a taillight, in violat