United States of America, Plaintiff-appellee, v. Donald L. Smith, Defendant-appellant, 946 F.2d 888 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 946 F.2d 888 (4th Cir. 1991) Submitted May 23, 1991. Decided Oct. 21, 1991

Appeal from the United States District Court for the District of Maryland, at Baltimore. M.J. Garbis, District Judge. (CR-90-82-MJG)

Donald L. Smith, appellant pro se.

Jamie M. Bennett, Assistant United States Attorney, Baltimore, Md., for appellee.

D. Md.

AFFIRMED.

Before WILKINSON and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:


Donald L. Smith appeals the district court's judgment order which found him guilty under 36 C.F.R. § 4.21(c) of speeding on the Baltimore-Washington Parkway, a geographic area under the federal government's jurisdiction. The district court imposed a fine of $290 and a special assessment of $10. Smith is proceeding pro se.

Smith did not challenge the facts essential to proving his speeding offense at trial. Rather, he questioned the court's jurisdiction and the federal government's authority to assert control over the Baltimore Washington Parkway, and argued that the charged offense violated his right to travel.

The question of the federal government's authority over the Baltimore-Washington Parkway was laid to rest long ago in United States v. Dreos, 156 F. Supp. 200 (D. Md. 1957), on facts nearly identical to this case. See also United States v. Pardee, 368 F.2d 368 (4th Cir. 1966); United States v. Morris, 684 F. Supp. 412 (D. Md. 1988). The remaining arguments are frivolous on their face. Because all elements necessary to this conviction were proved at trial and because the fine imposed is well below the $500 limit authorized by law, the district court's decision must be affirmed. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED.

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