152503P.pdf   09/15/2017  United States  v.  Thomas McDill, Jr.
   U.S. Court of Appeals Case No:  15-2503
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Kelly, Author, with Loken and Colloton, Circuit Judges] 
   Criminal case - Criminal law. Defendant's convictions for two violations 
   of 36 C.F.R. Section 261.2(c) which prohibits "threatening, intimidating, 
   or intentionally interfering with any Forest officer ... while engaged in, 
   or on account of, the performance of duties for the protection, 
   improvement or administration of the National Forest System or other 
   duties assigned by the Forest Service" are reversed; the citations charged 
   defendant with harassment and interference, but the government and the 
   court effectively altered the charges set forth in the indictment to 
   include intimidation and threats, and this constructive amendment was 
   plain error; because defendant was convicted of a crime for which he was 
   not charged, and the conviction was supported by substantial evidence, the 
   conviction is reversed and the case is remanded for further proceedings. 
   Judge Colloton, dissenting.