Sledge

MEMORANDUM **

Defendant Bruce L. Sledge appeals his conviction under the Assimilated Crimes Act (“ACA”), 18 U.S.C. § 13 , for operating a vehicle while intoxicated (“DUI”) and with a suspended license. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

First, there is no merit to Sledge’s claim that the Indictment was fatally defective. Because the Information charged only a first offense DUI, and further Sledge was convicted and sentenced based on a first offense, there was no defect in failing to enumerate a prior conviction as an element of the charged offense. See State v. Ruggiero, 114 Hawaii 227 , 160 P.3d 703, 716 (2007). The Information clearly set forth the required elements for a first offense under Haw.Rev.Stat. § 291E-61(a).

Second, and equally without merit, is Sledge’s argument that his rights under the Speedy Trial Act (“STA”) were violated. Both Counts with which Sledge was charged were assimilated into federal law under the ACA. Lewis v. United States, 523 U.S. 155, 158 , 118 S.Ct. 1135 , 140 L.Ed.2d 271 (1998) (explaining that the “[ACA] assimilates into federal law, and thereby makes applicable on federal enclaves such as…