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UNITED STATES v. FLOYD

Nos. 72-1741 to 72-1752.

477 F.2d 217 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Jon Randolph FLOYD et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 31, 1973.

Attorney(s) appearing for the Case

Jerry Cord Wilson, Asst. U. S. Atty., Oklahoma City, Okl. (William R. Burkett, U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

Stephen Jones, Enid, Okl. (Eric J. Groves, Oklahoma City, Okl., and Charles F. Cox, Norman, Okl., on the brief), for appellants.

Melvin L. Wulf and John H. F. Shattuck, New York City, for American Civil Liberties Union Foundation, amicus curiae.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

The appellants were convicted of going upon Tinker Air Force Base military reservation for the purpose of violating a lawful regulation prohibiting their entry without the permission of the commanding officer in violation of 18 U.S.C.A. § 1382. Section 1382 carries a fine of not more than $500 or imprisonment of not more than six months, or both.

On May 4, 1972 the appellants and 75 to 200 others gathered at Gate Two at Tinker...

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