UNITED STATES v. ALBERTINI

No. 82-1090.

710 F.2d 1410 (1983)

UNITED STATES of America, Appellee, v. James Vincent ALBERTINI, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1983.


Attorney(s) appearing for the Case

William A. Harrison, Yvonne E. Chotzen, American Civil Liberties Union of Hawaii, Honolulu, Hawaii, for appellant.

H. Ray Starling, U.S. Atty., Hickman AFB, Hawaii, for appellee.

Before CANBY, NORRIS and REINHARDT, Circuit Judges.


CANBY, Circuit Judge:

Defendant James Vincent Albertini appeals from his conviction under 18 U.S.C. § 1382 (1976) for illegal reentry onto a military base. Albertini reentered Hickam Air Force Base during an "open house" to distribute anti-war pamphlets. He contends that this activity was protected by the first amendment. We agree, and we reverse the conviction.

FACTS

On May 16, 1981, Hickam Air Force Base held its annual "Armed Forces Day Joint...

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