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The U.S. attorney's office is recommending that the U.S. Court of Appeals uphold a ruling against San Juan County Commissioner Phil Lyman and co-defendant Monte Wells.

Lyman led an ATV protest ride in 2014 down San Juan County's Recapture Canyon, and in December, a jury found him guilty of trespassing and conspiracy. A judge sentenced Lyman to 10 days in jailĀ­ — which he served in April — and three years of probation.

Following the U.S. District Court ruling, Lyman appealed his sentence, acting as his own attorney.

In January, he told The Associated Press that he knew winning an appeal was a long shot, but he wanted to prove he didn't trespass or encourage others to break the law.

In the brief filed Friday, the U.S. attorney said the district court ruled "appropriately" against the two San Juan County men.

Lyman told The Salt Lake Tribune on Saturday that he "respects the process" and will respond to the brief within 30 days.

While Lyman and Wells have called in a court motion for a new trial and acquittal due to "alleged bias," the attorney's office countered in its brief Friday that they didn't raise the argument again in later motions.

The attorney's office also argues that Lyman and Wells' assertion that they were exercising their First Amendment rights during the ride is void.

"Nothing in the First Amendment allows a person to commit crime in the name of free speech or freedom of the press," the brief states. It also notes that Recapture Canyon was "legally closed."

Additionally, the brief says the two lack legal standing to assert a Revised Statute 2477 claim — which authorizes construction of roads across federal public lands.

Lastly, the U.S. attorney's filing defends the court's ruling in awarding the United States $95,955.61 in restitution.

The U.S. Court of Appeals "should affirm" the convictions and restitution orders issued to Lyman and Wells in U.S. District Court, the brief states.

Twitter: @mnoblenews