United States Ninth Circuit

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US v. Reed, 12-10420

Defendant's conviction for driving with over 2ng/ml of marijuana in the blood in violation of Nev. Rev. Stat. section 484C.110(3)(g) assimilated into federal law under the Assimilative Crimes Act, is affirmed, where assimilation of Nevada's per se drugged driving law was proper because: 1) although defendant's conduct is punishable under the federal DUI regulation, that regulation manifests the National Park Service's clear intent to assimilate traffic laws such as Nevada's per se drugged driving law; 2) there is a gap in federal law with respect to punishing operators of vehicles who exceed a per se drug limit regardless of impairment; and 3) assimilating the Nevada law would not conflict with federal policy or effectively rewrite a federal offense definition.

Appellate Information

  • Decided 08/22/2013
  • Published 08/22/2013

Judges

  • ANELLO

Court

  • United States Ninth Circuit

Counsel