A federal appeals court in San Francisco has tossed out the conviction of an Arizona man who left water jugs in the desert for migrants passing through.

Two years ago during a bench trial, a U.S. Magistrate in Tucson found Daniel Millis guilty of littering.

Millis and the faith-based aid group No More Deaths had regularly helped migrants by offering them food, water and medical aid. Prosecutors said Millis was leaving behind garbage and failing to follow orders by federal agents to remove it.

In reversing the conviction, the appeals court said the term "garbage" is "sufficiently ambiguous" and should be resolved in favor of the defendant.

The U.S. Court of Appeals for the Ninth Circuit earlier this month declined to schedule an en banc hearing, or a hearing before all judges in the ninth circuit, as requested by the defendant in a drug-related case. The defendant was seeking to suppress evidence gathered against him by federal agents who attached a GPS device to his vehicle without first obtaining a warrant.

The defendant, Juan Pineda-Moreno of Oregon, claims that U.S. Drug Enforcement Agency agents violated his Fourth Amendment rights against unreasonable search by planting, without a warrant, a tracking device on a vehicle parked in his driveway in 2007. The agents were tracking Pineda-Moreno on suspicion that he belonged to a marijuana growing operation.

A three-judge panel of the appellate court in January rejected Pineda-Moreno's claims and ruled that his constitutional rights were not violated. The court this month rejected a petition by Pineda-Moreno for a rehearing of his case by the full Ninth Circuit panel of judges.

The appellate court's ruling essentially gives law enforcement agencies in the nine Western states under the Ninth Circuit's jurisdiction the legal authority to surreptitiously enter personal property and attach a GPS tracking device on vehicles parked there without first obtaining a warrant.

A federal appeals court in New York City has thrown out a decision that barred Congress from withholding funds from the activist group ACORN.

The ruling Friday reverses a decision by a district court. That judge found Congress had violated ACORN's rights by punishing it without a trial.

ACORN describes itself as an advocate for low-income and minority home buyers and residents.

Critics say the group has engaged in voter registration fraud and embezzlement. They say it has violated the tax-exempt status of some of its affiliates by engaging in partisan political activities.

ACORN's full name is the Association of Community Organizations for Reform Now.

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