Packard

United States v. Packard

Good Law
236 F. Supp. 585·1964 U.S. Dist. LEXIS 6742
United States District Court, Northern District of CaliforniaFebruary 7, 196412516California478 words

Opinion

Opinion

Halbert, J.

Defendant has taken this appeal, pursuant to the provisions of Title 18 U.S.C: § 3402, from a judgment of the United States Commissioner convicting him of violation of Title 18 U.S.C. § 1382 (reentering a naval reservation after having been ordered not to re-enter by the Commander thereof). Specifically, defendant’s arrest was the result of his continued acts of soliciting business from door to door in the North Housing and Guadalcanal Village areas of Mare Island after having his privilege of conducting business in those areas revoked by the Commander for previous activity of the same nature.

The role of this Court in reviewing the judgment of the Commissioner is prescribed by Rule 4(6) of the Rules of Procedure for Trials Before Commissioners ( 311 U.S. 733 ), the pertinent portion of which reads as follows:

The sole question presented in this appeal is whether the Government has. sufficiently proved the requisite ownership or possession by the United States of the property in question.

Defendant relies upon United States v. Watson, D.C., 80 F.Supp. 649 , wherein the Court said at page 651:

This Court is of the view that the Government has sustained its burden of…

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