United States v. Alvin Baker

The dispositive issue on this appeal is whether there existed a gap in the federal penal law that permitted the Government to prosecute Baker for a disturbance in a veterans’ hospital under a Washington statute (Rev.Code Wash. § 9A.76.020) through the Assimilative Crimes Act ( 18 U.S.C. §§ 7 , 13). We hold that there was no gap to fill, and accordingly, we reverse the conviction.

The case arose out of a disturbance in the Veterans Administration Hospital in Seattle, Washington, on June 27, 1978. Peck and McCaddon, who were employed as special police officers by the hospital, were called to the admissions lobby to quiet one Broussard, who was using loud, offensive and obscene language. As the officers began to talk to Broussard, Baker appeared, stepped between the officers and Broussard and told them not to “hassle” him. MeCaddon took Baker’s arm and asked him to step aside. Baker pulled back from the officers, raised a clenched fist, and told the officers not to touch him in a voice that was “forceful,” “violent,” and “threatening.” The officers thereupon placed Baker under arrest.

Congress delegated to the Administrator of the Veterans Administration, “[f]or the purpose of…