United States v. Julienne Jesse May

These are 82 appeals by people convicted, under the second paragraph of 18 U.S.C. § 1382 , of unlawfully reentering a naval installation after being ordered not to reenter. We affirm in all appeals.

I. The Facts

The appeals arise out of protests against the Trident missile system at the Naval Submarine Base in Bangor, Washington (the Base), on May 22 and 23, 1978. Early on May 22, following a night-long candlelight vigil, a large number of demonstrators began assembling outside the perimeter fence at the Base. At approximately 6:30 a. m., the demonstrators congregated in the area of Gate 1 which was marked “Government Property, No Trespassing.” One-half hour later, they began climbing the perimeter fence and thus entering the Base. No attempt was made to keep the demonstrators from climbing the fence and entering the Base, even though there were a number of Base security police in the area.

Once inside the Base, the demonstrators moved to a grassy knoll, a few hundred feet from the fence. After they reached the knoll, they were taken into custody by the Base security police, placed on Navy buses and transported to a processing location on the Base. There, each demonstrator was…