United States v. Jeff Brice, Jr.

Appellant, Jeff Brice, appeals the district court’s order affirming the judgment and conviction entered by a magistrate after a bench trial. Brice was found guilty of impeding and disrupting a Government employee in violation of 40 U.S.C. §§ 318a, 318c and 486(c) and 41 C.F.R. §§ 101-20 .-305 and 101-20.315. Brice alleges that there was insufficient evidence to support his conviction and that 41 C.F.R. § 101-20.305 is unconstitutionally vague and overbroad. We affirm.

I

At approximately 2:45 a.m. on July 1, 1988, a Suzuki Samurai automobile approached the San Ysidro California Port of Entry from Tijuana, Mexico. Brice, a black male, was the driver of the vehicle. His passenger was a white female. United States Customs Inspector Fink asked them about their citizenship and both replied that they were citizens of the United States.

In response to further questioning, Brice stated that he was not bringing anything across the border, that he lived in San Diego, California and that he was taking his passenger home. The passenger stated that she lived in Pacific Beach, California.

Fink later testified that several factors indicated a more thorough inspection was required. For…