Fay
United States v. Fay
Opinion
Opinion
Jensen, J.
ORDER
On January 28, 2008, the Court heard argument on Defendant’s Appeal from the Decision of the Magistrate Court. Meagan Melanson, supervised by Monica Knox, appeared on behalf of the government; Joseph Cook, supervised by Matthew Stegman appeared for the Government. Having considered the arguments of counsel, the papers submitted, the applicable law, and the record in this case, the Court hereby upholds the Order of the Magistrate Judge.
I. Factual Background and Procedural History
A. Factual Background
On or about June 3, 2006, at approximately 11:00 p.m., Mr. Ken Anspach (An-spach), a civilian contractor regularly employed at Beale Air Force Base, was pumping gas into his vehicle at a gas station located within Beale Air Force Base. (Or.2:16-20); (Decl. Kenneth Anspach Supp. Gov. Reply 1:18-27). Anspach observed a white pickup-truck enter the gas station through a clearly marked exit lane, and stop, facing the wrong direction, at the gas pumps. (Or.2:17); (Decl.1:25-2:5). The driver, defendant Thomas Fay, while still remaining in the vehicle, asked An-spach for directions off of the base. (Or.2:18); (Decl.2:4-7).