United States v. Randall T. Quemado

Opinion by Judge FARRIS.

Randall T. Quemado appeals his conditional guilty plea conviction for driving while his license was revoked in violation of Hawaii Revised Statutes § 291-4.5. The district court rejected Quemado’s arguments that it lacked federal jurisdiction under the Assimi-lative Crimes Act, 18 U.S.C. § 13 (1988), and that H.R.S. § 291-4.5 is unconstitutional. We have jurisdiction of the timely appeal under 28 U.S.C. § 1291 . We affirm.

I

On February 4, 1992, Quemado appeared before a United States Magistrate Judge for arraignment and plea on a charge of violating Hawaii Revised Statute § 286-132, driving while license suspended or revoked. A federal court had jurisdiction over the case because Quemado was apprehended in a federal enclave.

The government’s subsequent investigation revealed that on November 11,1991, Quema-do’s license was administratively revoked for driving while intoxicated pursuant to H.R.S. Chapter 286, part XIV, entitled Administrative Revocation of Driver’s License. On March 31, 1992, the government amended the Information to instead charge Quemado with violating H.R.S. § 291 — 4.5, driving after license suspended or revoked for driving under…