United States v. James Vincent Albertini

James Vincent Albertini appeals his conviction on two counts of violating 18 U.S.C. § 1382 (1982) for distributing political leaflets outside the gate of the Pearl Harbor naval base. Albertini’s appeal raises three main issues: (1) whether his leafletting was protected by the first amendment; (2) whether he was denied his constitutional right to a speedy trial; and (3) whether he was denied due process of law when the trial court retroactively applied a Supreme Court case that reversed a Ninth Circuit decision holding that his conduct was not illegal. Additionally, the government moved to dismiss this appeal for Albertini’s alleged procedural errors.

From 1972 to 1981, Albertini received a series of “bar letters” denying him access to a number of military bases in Hawaii. The bar letters were the military’s response to Albertini’s peace and nuclear disarmament demonstrations conducted at certain bases. The bar letters forbade him from reentering bases without written permission from the commander or a designate, citing 18 U.S.C. § 1382 , which provides:

18 U.S.C. § 1382 (1982) (emphasis added).

On May 16,1981, Albertini and four companions entered Hickam Air Force Base during…