United States v. Maxwell
United States Court of Appeals for the First Circuit
254 F.3d 21 (2001)
The United States Navy conducted live-fire military training operations at Camp Garcia on the island of Vieques, Puerto Rico. Raul Maxwell-Anthony (defendant) and other individuals protested the Navy’s use of Vieques by entering Camp Garcia on three occasions without first obtaining permission from the camp’s commanding officer. The United States (plaintiff) charged Maxwell with misdemeanor trespass. In a pretrial motion, Maxwell raised the affirmative defense of necessity. Maxwell argued his trespass onto Camp Garcia was necessary to prevent nuclear submarines off the coast of Puerto Rico from engaging in live-fire military exercises on Vieques and that there was no alternative but to break the law. The government argued that Maxwell failed to prove all elements of the necessity defense. The district court agreed and rejected Maxwell’s defense. Following a bench trial, the district court convicted Maxwell and sentenced him to 30 days in prison. Maxwell appealed.
Rule of Law
Holding and Reasoning (Selya, J.)
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