United States v. Parker, Jr., No. 10-50248 (9th Cir. 2011)
Annotate this CaseDefendant appealed his misdemeanor convictions, after retrial, of three counts of violating 18 U.S.C. 1382. Defendant's charges arose from his protest activities on Ocean Avenue, which was a public road that crossed the Vandenberg Air Force Base (VAFB). On appeal, defendant argued that his retrial violated the proscription against double jeopardy, that there was insufficient evidence to convict, and that his conviction violated his First Amendment rights. The court found that in all three incidents, defendant was within the physical limits of the public road easement corresponding to Ocean Avenue, a fact which the government did not challenge. The court held that because the government did not have an exclusive right of possession over Ocean Avenue, defendant's presence and protest activities could not constitute violations of section 1382 under the court's precedent.
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