United States v. Kenneth L. Kiliz

This appeal arises from a conviction under the Assimilative Crimes Act, 18 U.S. C.A. §§ 7 and 13, through the application of R.C.W. 46.20.342. Kenneth L. Kiliz was arrested on November 29, 1980, in the Puget Sound Naval Shipyard (“Shipyard”) for operating a motor vehicle without a license. On June 8,1981, the defendant was convicted by a United States magistrate. This conviction was upheld on appeal to Judge McGovern of the United States District Court. Since the defendant has three prior convictions for the same offense, he faces a mandatory sentence of one year in prison should his conviction be upheld. The additional relevant facts were stipulated: 1) because permission of the Navy is required to enter the Shipyard, the area where defendant was driving is not open to the unrestricted use of the public at large; 2) defendant was required to pass through a manned guardpost and was issued a vehicle pass; and 3) defendant’s Washington driver’s license had previously been revoked. The record does not reveal how tightly restricted entry to the Shipyard is.

Defendant argues that the location of the road on which he was driving when convicted, entirely within the restricted access…