United States v. Juan T. Reyes

The United States of America (“Government”) appeals the district court’s order reversing the magistrate judge’s imposition of a six month term of supervised release on Juan T. Reyes (“Reyes”) following the revocation of his probation. Reyes was convicted for driving without a valid license in violation of Hawaii law pursuant to the Assimilative Crimes Act (“ACA”), 18 U.S.C. § 13 . The Government contends that the district court erred in holding that supervised release and probation did not constitute “like punishment” under the ACA. Having jurisdiction under 18 U.S.C. § 3742 (b), we reverse the district court’s order.

I

On November 18, 1992, Reyes was convicted in federal court of driving without a valid license and driving under the influence of alcohol (within five years of prior conviction) on the military reservation at Barbers Point, Hawaii. Reyes was arraigned in federal court pursuant to the ACA under which an individual can be prosecuted in federal court for a violation of state law on federal property.

Driving without a valid license in violation of Haw.Rev.Stat. § 286-102 is a misdemean- or punishable by a prison term of up to one year. Haw.Rev.Stat. §§ 286-136,…