United States v. Mary Marcyes and James Siddle, United States of America v. Benjamin Reed

This is an appeal from an order of the district court affirming the magistrate’s conviction, without a jury, of appellants on two counts for (1) possessing unmarked and unclassified and dangerous fireworks in violation of Washington state law, RCW 70.77, sections 485, 540 and 130, all in violation of federal law under the Assimilative Crimes Acts, 18 U.S.C. § 13 and 18 U.S.C. § 1152 ; and (2) assault and obstruction of a United States officer in violation of 18 U.S.C. § 1501 .

The facts are largely undisputed and viewing them in the light most favorable to the government discloses that appellants were the operators of fireworks stands, selling to the public, on the Puyallup Indian Reservation, located in East Tacoma, Washington. On June 28, 1975, the United States Marshal for the Western District of Washington and several of his deputies approached the fireworks stands for the purpose of serving on appellants a restraining order and preliminary injunction issued earlier by the district court and also for the purpose of executing a search warrant issued by a U. S. Magistrate. In the course of performing these duties the marshals observed illegal fireworks and proceeded to seize…