United States v. Robert K. Souza, Jr.

Appellant Robert K. Souza was caught forcefully entering, and removing articles from, a parked vehicle within the boundaries of the Hawaii Volcanoes National Park. Souza pled guilty to Unauthorized Entry into a Motor Vehicle (“UEMV”), in violation of Haw.Rev.Stat. § 708-836.5 (2003), as assimilated into federal law by the Assimilative Crimes Act (“ACA” or “the Act”), 18 U.S.C. § 13 . Souza asserts that his conviction was improper because applicable federal statutes govern, thereby precluding the Hawaii statute from being assimilated into federal law.

We have jurisdiction, and we affirm.

I

The facts are undisputed. On July 5, 2003, at approximately 4:30 a.m., park rangers at the Hawaii Volcanoes National Park observed Souza forcefully entering a white Chevrolet van. The rangers observed Souza remove a floral tote bag and blue duffel bag, which he placed into his pick-up truck before driving away. The park rangers stopped Souza a moment later, and after being advised of his Miranda rights, Souza confessed to breaking into the van by using a screwdriver to push in the front passenger side door lock. Souza also confessed to using bolt cutters in an unsuccessful attempt to gain…