Cameron Reed v. United States

Appellant Cameron Reed was arrested after driving erratically on a federal road located in the Lake Mead National Recreation Area in Nevada. Reed’s blood contained 3.7 nanograms per milliliter (ng/ml) of marijuana. Reed pleaded guilty to violating Nev.Rev.Stat. § 484C.110(3)(g), which prohibits driving with over 2 ng/ml of marijuana in the blood, assimilated into federal law under the Assimilative Crimes Act (“ACA” or “the Act”), 18 U.S.C. § 13 . Reed asserts that his conviction was improper because an applicable federal regulation punishes his conduct, thereby precluding assimilation of Nevada law.

We have jurisdiction pursuant to 12 U.S.C. § 1291 . Because assimilation of Nevada law was proper, we affirm.

Background

On March 27, 2010, a National Park Service (“NPS”) ranger at the Lake Mead National Recreation Area observed a vehicle traveling at a high rate of speed. The ranger paced the vehicle at 40 miles per hour in a posted 15 miles-per-hour-zone, and watched as it turned into the exit of a one-way loop, passing two “Do Not Enter” signs. After initiating a traffic stop, the ranger identified the driver as Reed. A strong odor of burnt marijuana emanated from the…