Associated Press
Activist Tim DeChristopher bid $1.7 million in 2008 for energy leases he didn't intend to pay for.

DENVER The U.S. Attorney for Utah said Thursday environmental activist Timothy DeChristopher lacks any legal grounds to contest his conviction on monkey-wrenching an oil and gas lease-auction because the sentencing judge acted within his discretion.

In a response filed with the 10th Circuit Court of Appeals to DeChristophers appeal of a conviction in Utah on two third-degree felonies, U.S. attorneys said he failed to prove federal Judge Dee Benson improperly tossed out the necessity defense or that DeChristopher acted because he had no choice.

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