Unpublished Disposition, 875 F.2d 871 (9th Cir. 1989)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.Aaron J. GALLAWAY, Defendant-Appellant.
No. 88-3075.
United States Court of Appeals, Ninth Circuit.
Submitted April 17, 1989.* Decided May 24, 1989.
Before FERGUSON, CYNTHIA HOLCOMB HALL and KOZINSKI, Circuit Judges.
MEMORANDUM**
Aaron J. Gallaway appeals pro se his conviction for operating a motor vehicle on a public highway without a valid driver's license, in violation of 18 U.S.C. § 13 (1982 & Supp. V 1987) and Wash.Rev.Code Ann. Secs. 46.20.021(1) and 9.92.030 (1988 & 1989).1 We review the district court's interpretation of sections 46.20.021 and 9.92.030 de novo, Fendler v. United States Bureau of Prisons, 846 F.2d 550, 552 (9th Cir. 1988).
A. Gallaway first contends that a conviction under section 46.20.021(1) (driving without a valid license) requires proof of the elements of Wash.Rev.Code Ann. Sec. 46.20.342(1) (1988 & 1989) (driving a motor vehicle with a suspended or revoked license), since section 46.20.021(1) is "a lesser included offense within the offenses described in RCW 46.20.342(1)." Wash.Rev.Code Ann. Sec. 46.20.021(1). Although Gallaway is correct when he asserts that proof of a section 021(1) offense is a lesser included offense under section 342(1), the converse is not true. Section 021(1) plainly states that it is a misdemeanor for a person to drive a motor vehicle in the state of Washington without a valid driver's license. While lack of a valid license is an element common to both sections 021(1) and 342(1), section 342(1) requires, in addition, that the state prove the defendant operated a motor vehicle after his driver's license had been suspended or revoked.
The evidence was undisputed that Gallaway did not possess a valid driver's license when he was stopped and arrested on the McChord Air Force Base. The district court therefore correctly concluded that Gallaway's behavior satisfied the elements of section 021(1).
B. Gallaway next contends that the district court erred in convicting him for driving without a valid driver's license, since he was driving without any license at all. Possession of a license is not a necessary condition for conviction under section 021. See State v. McIntosh, 42 Wash. App. 573, 712 P.2d 319, 321 (" [d]riving without a driver's license on the person is a misdemeanor, RCW 46.20.021"), review denied, 105 Wash. 2d 1015 (1986). By driving without any license, Gallaway necessarily drove without a valid license.
AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Gallaway's offense occurred on an Air Force base. He is subject to federal prosecution pursuant to the Assimilative Crimes Act, 18 U.S.C. §§ 7 and 13, which allows for the federal prosecution in federal courts of persons who on federal lands violate criminal statutes of the state in which the federal lands are located. See United States v. Kiliz, 694 F.2d 628, 629 (9th Cir. 1982)
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