United States Fourth Circuit

Defendant's conviction for unlawful entry into a military base is reversed, where the evidence was insufficient to demonstrate that Defendant had notice of the requirements for entry before he drove onto the military base access road, or that the entry by an undocumented alien of a military installation is a crime prohibited by federal law.

Appellate Information

• Argued 01/29/2009
• Decided 04/01/2009
• Published 04/01/2009

Judges

• Before GREGORY and DUNCAN, Circuit Judges, and ARTHUR L. ALARCÓN, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary Elizabeth Maguire, Office of the Federal Public Defender, Richmond, Virginia, for Appellant.  Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Alexandria, Virginia, Sara E. Chase, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.