Virgil Leroy Aikins v. United States

Petitioner presents the novel question whether the offense to which he pleaded guilty occurred within the territorial jurisdiction of the United States. The district court, after conducting an eviden-tiary hearing, determined that it had and denied petitioner’s motion to vacate sentence pursuant to 28 U.S.C. § 2255 . We affirm.

Petitioner was arrested at the No-gales, Arizona port of entry and charged with importation of heroin in violation of 21 U.S.C. § 174 . After he pleaded guilty and was sentenced, petitioner challenged the jurisdiction of the court. In a previous appeal to this court, we ordered that the case be remanded to the district court for an evidentiary hearing to determine whether the offense was committed within the territorial jurisdiction of the United States. Aikins v. United States, 472 F.2d 1380 (9th Cir. 1973). Petitioner now appeals the district court’s determination against him.

It is undisputed that the offense occurred at the United States primary inspection station located approximately thirty-five feet north of the presently monumented international boundary at Nogales. Difficulty arises because there is a disparity of approximately two…