No. 20-7090

Michael David Omondi v. United States

Lower Court: Ninth Circuit
Docketed: 2021-02-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: authorized-entry civil-rights common-law criminal-law due-process federal-statute jurisdictional-boundary military-installation section-1382 trespass
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Does Section 1382 codify the common law of trespass, such that Petitioner could be convicted for unlawfully entering a military installation when he crossed the green line, even though his initial entry onto Vandenberg for protest purposes was, in fact, authorized?

Question Presented (from Petition)

Question Presented In United States v. Apel, 571 U.S. 359, 373 (2014), this Court held that the term “military installation” in 18 U.S.C. § 1382 includes all areas under the commanding officer’s area of responsibility. Thus, as applied to Vandenberg Air Force Base, the boundary of the military installation is not defined by a green line demarcating public and exclusive jurisdiction. This case presents a sequel to Apel. Does Section 1382 codify the common law of trespass, such that Petitioner could be convicted for unlawfully entering a military installation when he crossed the green line, even though his initial entry onto Vandenberg for protest purposes was, in fact, authorized? i Statement of

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent United States to respond filed.
2021-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2021)

Attorneys

Michael David Omondi
Gia KimFederal Public Defenders, Petitioner
Gia KimFederal Public Defenders, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent