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UNITED STATES v. JENKINS

Nos. 85-5212(L), 85-5527.

780 F.2d 472 (1986)

UNITED STATES of America, Appellee, v. Joseph R. JENKINS, Appellant. UNITED STATES of America, Appellee, v. Stacy B. HAZELWOOD and Curtis B. Dotson, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1986.

Attorney(s) appearing for the Case

John H. Hare, Asst. Federal Public Defender, Columbia, S.C. for appellants.

Alfred W. Bethea, Jr., Asst. U.S. Atty. (Vinton D. Lide, U.S. Atty., on brief), for appellee.

Before PHILLIPS and ERVIN, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Circuit Judge:

Appellants Hazelwood, Dotson and Jenkins were charged under the Assimilative Crimes Act, 18 U.S.C. § 13 (1982), with violating S.C.Code Ann. § 56-5-2930 (Law.Co-op.1984) by driving their vehicles while under the influence of intoxicating liquors (D.U.I.) on Fort Jackson, a United States military reservation located in Columbia, South Carolina.1 The maximum penalty for a first offense D.U.I. is thirty days...

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