United States v. Sued-Jiménez

275 F.3d 1, 2001 U.S. App. LEXIS 26898
CourtCourt of Appeals for the First Circuit
DecidedDecember 19, 2001
DocketNo. 00-2146, 01-1254, 01-1256, 01-1469, 01-1471 to 01-1480, 01-1522 to 01-1535 and 01-1954 to 01-1963
StatusPublished
Cited by18 cases

This text of 275 F.3d 1 (United States v. Sued-Jiménez) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Sued-Jiménez, 275 F.3d 1, 2001 U.S. App. LEXIS 26898 (1st Cir. 2001).

Opinion

TORRUELLA, Circuit Judge.

Appellants raise various challenges to their convictions for trespassing that arose out of protests at a United States Naval installation in Vieques, Puerto Rico. Because we find these challenges unpersuasive, we affirm.

Background

Appellants, whose cases have been consolidated for purposes of appeal, were arrested at various times between April and June of 2000 for trespassing onto Camp García, a United States Naval installation located on the island of Vieques, Puerto Rico. Pursuant to regulations promulgated by the Department of the Navy, Camp Garcia is a “closed” base, meaning that the public may not enter without permission from the commanding officer. 32 C.F.R. §§ 770.35-770.40 (2001). Appellants entered Camp Garcia, without authorization, to protest and interfere with the military exercises occurring there. Appellants alleged that the Navy’s activities, including live-fire artillery and bombardment exercises, were causing civilian deaths, serious health threats to Vieques’ residents, and environmental damage.

Either before or during their trials in the district court, appellants made offers of proof or attempted to assert the defense of necessity. In each case, the district court ruled that the necessity defense was irrelevant and excluded the presentation of this defense.

Following bench trials, appellants were all convicted of violating 18 U.S.C. § 1382 (1994), which prohibits entry onto a military base “for any purpose prohibited by law or lawful regulation,” including entry onto a U.S. Naval installation in Puerto Rico without advance permission. See 32 C.F.R. §§ 770.38, 770.40. Appellants received various sentences for this Class B misdemeanor. They now appeal their convictions.

Analysis

Appellants raise four separate challenges to their convictions. We address each in turn.

A. Failure to Prove the Unlawful Purpose Element of Statute

The trespassing statute under which appellants were convicted forbids the entry [6]*6onto any military installation “for any purpose prohibited by law or lawful regulation.” 18 U.S.G. § 1382. Appellant Sued-Jiménez argues that the government failed to prove this unlawful purpose element because the government did not introduce any evidence at trial, such as warning signs, to demonstrate that appellant knew he was illegally entering Camp Garcia. Without any evidence to show that appellant knew his entry was illegal, appellant asserts that his entry could not have been for an illegal purpose.

This is not the first time this argument has been raised in appeals from convictions under § 1382. See, e.g., United States v. Maxwell, 254 F.3d 21, 24-25 (1st Cir.2001). We have previously held that a showing of illegal purpose for entry onto a restricted military base requires two elements: deliberate entry onto the base and knowledge or notice that such entry was prohibited. See id. at 24. In Maxwell, another appeal from a section 1382 conviction for protesting in Vieques, we held that the Department of the Navy’s regulations, promulgated at 32 C.F.R. §§ 770.35-770.40, are sufficient to satisfy the knowledge or notice requirement that military installations in Puerto Rico are off limits to the public. See Maxwell, 254 F.3d at 24-25. Thus, all the government has to prove at trial to satisfy the illegal purpose element is that the defendant deliberately entered the naval base. See id. at 25.

In this case, appellant admitted at trial that he entered onto the naval base without authorization. Moreover, appellant’s intended purpose was to enter onto the Navy’s land to protest the military activities occurring there. Therefore, the government has undeniably satisfied its burden of proving deliberate entry. As a result, appellant’s argument that the illegal purpose element was not satisfied lacks merit.

B. The Necessity Defense

Appellants collectively assert that the district court erred by finding the defense of necessity irrelevant to their trespassing convictions and therefore barring its presentation (and related expert testimony) at trial.

To successfully assert the necessity defense, a defendant must show that he (1) was faced with a choice of evils and chose the lesser evil, (2) acted to prevent imminent harm, (3) reasonably anticipated a direct causal relationship between his acts and the harm to be averted, and (4) had no legal alternative. See Maxwell, 254 F.3d at 27. However, if a defendant’s proffer of evidence to support the defense is insufficient as a matter of law, the court can bar presentation of the defense. See id. at 26. Because the elements of the necessity defense are conjunctive, the defense may be precluded entirely if proof of any one of the four prongs is lacking. See United States v. Schoon, 971 F.2d 193, 195 (9th Cir.1992).

Appellants argue that their illegal entry into Camp Garcia was necessary to prevent the greater imminent harms of civilian deaths, health threats, and environmental damages that they say are posed by the military exercises being conducted there. Second, they assert that their presence in Camp Garcia will necessarily bring a halt to the Navy’s exercises and the concomitant risks that arise from those activities. Finally, appellants contend that they have exhausted all other legal alternatives, such as seeking temporary restraining orders and the scheduled referendum,1 and that such alternatives have [7]*7either been fruitless or have failed to bring about a sufficiently prompt resolution. The district court, determining that these allegations were insufficient to support the necessity defense as a matter of law, excluded the defense.

The district court’s decision to preclude the necessity defense can most easily be affirmed by examining appellants’ proffered evidence as to the last two components of the defense: reasonable anticipation of averting the alleged harm and no legal alternatives. Appellants offered no evidence to support their claim that their trespassory protests will result in a change of U.S. Naval policy so that the bombing and ammunition testing in Vieques will cease. See Maxwell, 254 F.3d at 28 (noting that a “defendant must demonstrate cause and effect between an act of protest and the achievement of the goal of the protest by competent evidence”). In fact, the Navy has experienced numerous protests in Camp Garcia, yet none has effected more than a temporary cessation of military activities there. See id. at 23, 28 (discussing only temporary disruptions caused by past protests); United States v. Sharpton, 252 F.3d 536, 538-39 (1st Cir. 2001) (per curiam) (same).

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275 F.3d 1 (First Circuit, 2001)

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Bluebook (online)
275 F.3d 1, 2001 U.S. App. LEXIS 26898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sued-jimenez-ca1-2001.