United States v. Kimberly N. Bosser

Appellant Kimberly Bosser appeals the district court’s order reversing the decision of the magistrate granting appellant’s motion to defer acceptance of her guilty plea pursuant to the procedures set forth in Hawaii Rev.Stat. § 853-1. We reverse the district court’s order.

Appellant was charged with forgery under the Assimilative Crimes Act (“ACA”), 18 U.S.C. § 13 (1982), which makes state criminal laws applicable in federal courts exercising territorial jurisdiction over U.S. military bases. Appellant pleaded guilty to the charge against her. Appellant then moved to defer acceptance of her guilty plea pursuant to Hawaii Rev.Stat. § 853-1, which provides that when “the ends of justice” require it, a court may defer acceptance of a guilty plea upon certain probation-like conditions imposed on the defendant; if the defendant complies with the conditions, the court may dismiss the charges. The magistrate granted appellant’s motion on condition that she behave herself in a specified manner for three months.

On appeal by the government, the district court reversed the magistrate’s decision to defer acceptance of the guilty plea. The district court reasoned that the ACA only…