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U.S. v. SOUZA

No. 04-10228.

392 F.3d 1050 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Robert K. SOUZA, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 22, 2004.

Attorney(s) appearing for the Case

Alexander Silvert, First Assistant Federal Defender, Honolulu, HI, for the appellant.

Wes Reber Porter, Assistant United States Attorney, Honolulu, HI, for the appellee.

Before BEEZER, GRABER, and BYBEE, Circuit Judges.

BEEZER, Circuit Judge:

Appellant Robert K. Souza was caught forcefully entering, and removing articles from, a parked vehicle within the boundaries of the Hawaii Volcanoes National Park. Souza pled guilty to Unauthorized Entry into a Motor Vehicle ("UEMV"), in violation of Haw.Rev.Stat. § 708-836.5 (2003), as assimilated into federal law by the Assimilative Crimes Act ("ACA" or "the Act"), 18 U.S.C. § 13. Souza asserts that his conviction was improper because...

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