United States Ninth Circuit

In a prosecution of five peace and disarmament activists for crimes stemming from their cutting through two fences and into a secure area of a naval base, convictions are affirmed, where: 1) the Hague Convention neither conflicted with nor superseded the federal criminal statutes under which the defendants were convicted; 2) the district court did not improperly instruct the jury on the meaning of the term "maliciously" as used in 18 USC section 1363; and 3) the evidence was sufficient to establish that the defendants willfully and maliciously destroyed the fences as required for conviction under 18 USC section 1363.

Appellate Information

• Decided 04/13/2012
• Published 04/13/2012

Judges

• Gwin

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Roger A. Hunko, Arlen R. Storm