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UNITED STATES v. ALBERTINI

No. 82-1090.

783 F.2d 1484 (1986)

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

United States Court of Appeals, Ninth Circuit.

March 6, 1986.

Attorney(s) appearing for the Case

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

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

Before CANBY, NORRIS and REINHARDT, Circuit Judges.

CANBY, Circuit Judge:

This case is before us on remand from the United States Supreme Court. James Albertini was convicted for violating 18 U.S.C. § 1382, which makes it unlawful to reenter a military base after having been "ordered not to reenter by any officer in command or charge thereof."

I. BACKGROUND

After a March 1972 protest at Hickam Air Force Base, Hawaii, Albertini received a "bar letter" from the commanding officer forbidding his...

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