United States v. Eric J. Carlson

Carlson appeals his conviction for a vehicular speeding offense on a federal military installation in violation of Haw.Rev. Stat. § 2910-102 (1988), a state violation purportedly made federal pursuant to the Assimilative Crimes Act (Act), 18 U.S.C. § 13 . He contends that federal courts do not have jurisdiction under the Act to adjudicate speeding offenses that occur within federal enclaves in Hawaii. We reverse.

I

Carlson was stopped by a military police officer at Schofield Barracks, a military installation in Hawaii, for driving 36 m.p.h. in a 25 m.p.h. zone. He was charged with speeding. After a bench trial before a federal magistrate, Carlson was ordered to pay an $11.00 fine. He then filed a motion for reconsideration which, after following a rather circuitous procedural course not relevant to this appeal, was rejected by the magistrate. The magistrate’s decision, in turn, was affirmed by the district court in a published opinion and order. United States v. Carlson, 714 F.Supp. 428 (D.Haw.1989). The court held that Hawaii’s speeding law was criminal in nature and therefore assimilated to federal law pursuant to the Act. Id. at 437 . Carlson now appeals, contending that…