Argued and Submitted, San Francisco, California
August 16, 2013
Appeal from the United States District Court for the Eastern District of California. D.C. No. 1:11-cr-00427-AWI-1. Anthony W. Ishii, Senior District Judge, Presiding.
Katherine L. Hart (argued), Fresno, California, for Defendant-Appellant.
Megan Anne Schultz Richards (argued) and Brian William Enos, Assistant United States Attorneys, Benjamin B. Wagner, United States Attorney, Camil A. Skipper, Appellate Chief, Fresno, California, for Plaintiff-Appellee.
Before: Stephen Reinhardt, John T. Noonan, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Noonan.
NOONAN, Circuit Judge
Sean Harrington appeals his federal conviction for refusal to submit to a test of his blood alcohol content.
On the night of June 10, 2011, a federal park ranger observed Harrington's car stopped in a nonpublic area of Yosemite National Park. The car's lights were on; its engine was running. The ranger approached the vehicle, finding Harrington alone in the driver's seat. According to the ranger, Harrington was inebriated, argumentative, and upset. Harrington refused a field sobriety test and was arrested on suspicion of driving under the influence (DUI).
Later, at the police station, Harrington refused any test to determine his blood alcohol level. The jailer, another federal park ranger, erroneously read the ...