United States v. James W. Douglass

This case arises out of protests against the construction and use by the United States of the Trident class nuclear submarine. These protests involved activities concentrated in and about the Naval Submarine Base, Bangor, Bremerton, Washington. The appellant was convicted of violating the second paragraph of 18 U.S.C. § 1382 because of certain conduct by him on July 21,1977. He appeals contending (1) that he did not reenter that portion of the reserva tion with respect to which the United States, acting through the commanding officer, had the exclusive right of use; (2) that 18 U.S.C. § 1382 as applied to him is unconstitutional in several respects; (3) that 18 U.S.C. § 1382 is overbroad in its reach and because of its unconstitutionality, as it might be applied to others, cannot provide the basis of appellant’s conviction, and (4) that his conviction should be set aside because he is the victim of impermissible selective prosecution.

We reject these contentions and affirm the conviction.

I.

FACTS.

The facts that are relevant to this appeal are as follows. On July 4, 1977, appellant Douglass crossed a fence of the base and entered that portion of the base situated therein to…