United States v. Denny Turpin, United States of America v. Jonathan Smith

65 F.3d 1207, 1995 U.S. App. LEXIS 27540, 1995 WL 567735
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 27, 1995
Docket94-5522, 94-5523
StatusPublished
Cited by12 cases

This text of 65 F.3d 1207 (United States v. Denny Turpin, United States of America v. Jonathan Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Denny Turpin, United States of America v. Jonathan Smith, 65 F.3d 1207, 1995 U.S. App. LEXIS 27540, 1995 WL 567735 (4th Cir. 1995).

Opinions

Affirmed by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge WIDENER joined. Judge MOTZ wrote a separate dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

On February 18, 1993, Denny Turpin and Jonathan Smith cut down and stole copper communication wire used by a railroad on which military materials were shipped. They were convicted for violation of and conspiracy to violate 18 U.S.C. § 1362, which prohibits willful destruction of a communication facility used or intended to be used for military or civil defense functions of the United States. Their main argument on appeal is that the railroad’s communication line does not fall within the scope of § 1362. They also challenge the admission of certain evidence. We affirm.

I.

CSX is a major railroad company whose tracks run through Campbell County, Virginia. The railroad’s internal communication line, made of uninsulated copper wire, is strung on poles along the track. On the evening of February 18,1993, CSX employee Wayne Carter was patrolling a section of the track near Lynchburg in Campbell County. He came across Turpin and Smith, who were in a four-wheeled all terrain vehicle (“four-wheeler”) beside the railroad, and warned them to move their vehicle away from the track. Continuing down the track, Carter came across a third man in the process of cutting down the railroad’s copper communication wire with a tree pruner. The man fled when he saw Carter, leaving the pruner behind. A short time later, Turpin and Smith drove up in the four-wheeler. Carter (who evidently assumed the three men were together) told Turpin and Smith the direction in which the third man had fled, and they left in that direction.

When police arrived, they found Smith’s pickup truck near the place Carter had first seen Turpin and Smith. In the bed of the truck was an empty merchandising package for a new tree pruner, and piled near the truck were five reels of copper wire weighing about 1,200 pounds. All of the naked copper wire along the track in that area had been cut down. Turpin and Smith denied any knowledge of the wire theft or the third man.

The following evening police seized the four-wheeler at the home of its owner, Tracy Owens (a friend of Turpin). Material lifted from the vehicle’s rear rack at that time was later identified as copper residue. Upon further investigation police discovered that a number of copper wire thefts had occurred in January and February 1993 in areas of Virginia and West Virginia near Turpin’s home. [1210]*1210Tire tracks found at the sites of those thefts matched those of the four-wheeler used by-Turpin and Smith. Police also discovered that between January and February, Turpin had sold to a local salvage company thousands of pounds of naked copper wire of the type belonging to CSX.

The copper line installed along CSX’s track was used for communication among train crews, maintenance forces, and train stations and was necessary for the proper functioning of the railroad. If the line was damaged, trains could be slowed or stopped. Furthermore, the communications line was strung just above the railroad’s signal wire. When the communications line was cut, it occasionally dropped onto or became entangled with the signal wire, short circuiting the signal system. In fact, a few weeks following the theft, a cut communication line caused exactly this type of short circuit. CSX employees testified that a short circuit in the signal system could result in a collision. Finally, the track near Lynchburg was used to transport classified military materials to the Naval Nuclear Fuel Division of Babcock & Wilcox, a defense contractor located in Campbell County. These shipments related to activities of the United States Navy.

Turpin and Smith were convicted for violation of and conspiracy to violate § 1362, and they appeal.

II.

A.

Turpin and Smith first claim that their conduct did not fall within the scope of the statute under which they were convicted. 18 U.S.C. § 1362 provides criminal penalties for

Whoever willfully or maliciously injures or destroys any ... cable, line, ... or other means of communication, operated or controlled by the United States, or used or intended to be used for military or civil defense functions of the United States.

Turpin and Smith argue that the railroad’s internal communication line was not “used or intended to be used for military ... functions” within the meaning of § 1362. Their argument encompasses two separate issues. First, the defendants argue that the shipment of military material to a defense contractor is not a “military function.” Second, they contend that even if the railroad is used for a military function, the communication line, which is merely an appurtenance to the railroad, is not itself used for a military function. We analyze § 1362 with these issues in mind.

The scope of § 1362 has never been addressed by any court, so we start from scratch. We interpret a statute according to its plain language and in light of its object and policy. Crandon v. United States, 494 U.S. 152, 158, 110 S.Ct. 997, 1001, 108 L.Ed.2d 132 (1990). Our inquiry is complete if “the terms of [the] statute are unambiguous on their face, or in light of ordinary rules of statutory construction.” United States v. Morison, 844 F.2d 1057, 1064 (4th Cir.), cert. denied, 488 U.S. 908, 109 S.Ct. 259, 102 L.Ed.2d 247 (1988).

We begin with the language of § 1362 itself, which, although brief, is expansive. The statute applies not only to lines “operated or controlled by the United States” but also to privately held lines “used or intended to be used for military ... functions.” It does not distinguish between lines used directly by the military and lines used by civilians, nor does it distinguish between commercial and non-commercial facilities. Construed literally, therefore, the statute encompasses a private internal line used for a military function. While the statute does not itself define “military function,” we may deduce the scope of this term by comparison with analogous statutes and by analysis of § 1362’s legislative history.

While no court has interpreted the scope of § 1362, judicial interpretation of the closely analogous Sabotage Acts, 18 U.S.C. §§ 2151-55, suggests that the term “military function” should be given broad scope. The Sabotage Acts, which have existed since 1918, were precursors to § 1362 and have similar purposes. 18 U.S.C. § 2153 prohibits the destruction of “war material, war premises, or war utilities” in wartime. 18 U.S.C. § 2155 prohibits the destruction of “national-defense material, national-defense premises, or national-defense utilities” with the intent [1211]*1211to injure or obstruct national defense.

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Bluebook (online)
65 F.3d 1207, 1995 U.S. App. LEXIS 27540, 1995 WL 567735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-denny-turpin-united-states-of-america-v-jonathan-smith-ca4-1995.