The opinion of the court was delivered by: YVETTE KANE, District Judge
Granville White has appealed from a judgment of conviction
imposed by Magistrate Judge J. Andrew Smyser under the
Assimilative Crimes Act, 18 U.S.C. § 13. On August 11, 2004,
White was arrested at the New Cumberland Army Depot ("Army
Depot") for driving a motor vehicle while his license was
suspended due to a conviction for driving under the influence of
alcohol. Judge Smyser imposed a sentence of 75 days imprisonment,
but White has remained on bond pending a determination of his
appeal.
White makes only one argument in support of his appeal: that
the government presented insufficient evidence to establish an
essential element of the offense charged, namely, that he was
driving his motor vehicle on a "highway" or "trafficway" at the
time he was stopped at the Army Depot.
The record reveals, and White does not contest, the following
facts. On August 11, 2004, White's driving privileges were
suspended as a result of a DUI conviction. On that date, White
drove to the New Cumberland Army Depot for a pre-employment
physical examination. In order to reach the Army Depot, White drove down Old Depot Road in Fairview
Township, York County, Pennsylvania. As White drove down Old
Depot Road, he was driving parallel to one side of the Army
Depot, which is enclosed by a barbed wire fence located several
feet off the road. Eventually, White arrived at a point where the
barbed wire fence gave way to a gate which serves as the entry
way for cars to access the Army Depot.
Located in front of the Army Depot's fence at this location is
a large warning sign in bold red lettering that advises drivers
as follows:
WARNING DEFENSE DISTRIBUTION CENTER
It is unlawful to enter this installation without the
permission of the Activity Commander Section 21 of
the Internal Security Act of 1950, 50 USC 797. While
in this area, all personnel and the property under
their control are subject to search. Possession of
cameras, alcoholic beverages, and firearms are
specifically prohibited unless authorized by the
Activity Commander. ANY SUCH MATERIAL IS SUBJECT TO
BE CONFISCATED
(Doc. No. 5, Ex. C.) White passed this sign unimpeded and turned
on to Mission Drive through an open gate.
*fn1 Mission Drive
is the primary access road from Old Depot Road and traverses the
Army Depot. Mission Drive has traffic signs, clearly marked
traffic lines, and designated pedestrian walkways. (Id., at
10-15.)
Past the fence several yards along Mission Drive is an
inclement weather booth staffed by Army Depot guards. The guards
manning this booth stop all vehicles seeking entry to the Depot
in order to conduct an identification check. (Id., at 21.) Drivers
and passengers seeking admission to the Army Depot are typically
employees of the facility or those seeking employment within the
Depot. (Id., at 22.) All persons stopped at the booth must
advise federal officers as to where they will be going within the
Depot.*fn2 (Id.) Officers permit entry only to visitors
with specific permission to enter the Depot for particular
authorized purposes. (Id., at 21-22.)
During the morning of August 11, 2004, federal police officer
Michael Nallo and a fellow officer were stationed at the
inclement weather booth identified during trial as Post 3.
(Id., at 6-7.) After White drove past the electric fence
bearing the warning sign, he was directed to stop his vehicle at
Post 3. At this point, Officer Nallo approached White's car and
requested identification and a driver's license. (Id., at 7.)
After checking White's identification, Officer Nallo learned that
White's license had been suspended for driving under the
influence of alcohol. (Id., at 7-8.) Officer Nallo issued White
a citation, charging him under the Pennsylvania Vehicle Code with
driving with a suspended license (DUI) in violation of 75 Pa.
C.S. § 1543(b)(1) as an assimilated federal offense pursuant to
18 U.S.C. § 13.
III. Procedural Background
White pleaded not guilty to the offense charged and on November
17, 2004, Judge Smyser conducted a bench trial. White's single
argument during the trial was that he did not violate § 1543(b)(1) because the government could not establish an element
necessary to the charged offense: namely, that the offense
occurred while White was driving on a "trafficway." White
asserted that he was stopped by Officer Nallo while inside the
Army Depot on an interior federal road that was not open to the
public. (Id., at 27-35.) After taking evidence and hearing
argument by the parties, Judge Smyser found Defendant guilty of
the offense charged. (Id., at 36.) Judge Smyser did not
specifically address Defendant White's challenge, but found that
all essential elements of the crime charged had been proven. On
April 7, 2005, White was sentenced to seventy-five days
imprisonment, a $500 fine, and a $10 special assessment. On April
1, 2005, White filed a timely notice of appeal.
IV. Jurisdiction and Standard of Review
This Court has jurisdiction over this appeal pursuant to
18 U.S.C. § 3402. The standard of review applicable to review of a
magistrate judge's decision is identical to that employed by the
court of appeals on an appeal from a conviction in district
court. Fed.R.Crim.P. 58(g)(2)(D). Under a challenge to the
sufficiency of the evidence, the Court's standard of review is
"particularly deferential." United States v. Hedaithy,
392 F.3d 580, 604 (3d Cir. 2004) (quotation omitted). The verdict must be
sustained if there is substantial evidence to support the
decision. Id. at 605 (citation omitted). The Court may overturn
a verdict only if "after viewing the evidence in the light most
favorable to the ...