202497P.pdf   06/07/2021  United States  v.  Kevin Mast
   U.S. Court of Appeals Case No:  20-2497
   U.S. District Court for the District of South Dakota - Southern   
   [PUBLISHED] [Kelly, Author, with Loken and Benton, Circuit Judges] 
   Criminal case - Criminal law. For the court's prior opinion vacating 
   defendant's conviction for draining wetlands because of instructional 
   error, see U.S. v. Mast, 938 F.3d 973 (8th Cir. 2019). On remand, 
   defendant was convicted of violating 16 U.S.C. Sec 668dd(c), (F)(2); 
   challenges to admission of testimony from government witnesses rejected; 
   the government proved beyond a reasonable doubt that the wetlands area 
   defendant drained were identifiable wetlands covered by the wetland 
   easement acquired by the Fish and Wildlife Service; defendant's request to 
   modify the Wetlands Restoration Plan ordered as restitution rejected as 
   the district court found beyond a reasonable doubt that defendant's 
   actions indirectly damaged a particular plot even though he did not 
   install a prohibited drain on the plot.