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LEWIS v. UNITED STATES

No. 96-7151.

523 U.S. 155 (1998)

LEWIS v. UNITED STATES

United States Supreme Court.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Frank Granger argued the cause and filed briefs for petitioner.

Malcolm L. Stewart argued the cause for the United States. With him on the brief were Acting Solicitor General Waxman, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Deborah Watson.*

Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, p. 173. Kennedy, J., filed a dissenting opinion, p. 180.

Justice Breyer, delivered the opinion of the Court.

The federal Assimilative Crimes Act (ACA or Act) assimilates into federal law, and thereby makes applicable on federal enclaves such as Army bases, certain criminal laws of the State in which the enclave is located. It says:

"Whoever within or upon any [federal enclave] is guilty of any act or omission which, although not made punishable by any enactment of Congress...

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