The opinion of the court was delivered by: CLARKSON S. FISHER
This case involves a motor vehicle speeding violation on a United States military base, where the government attempts to charge defendant, John Golden, pursuant to the Assimilative Crimes Act, 18 U.S.C. § 13 (1988), and N.J.S.A. § 39:4-98 (1990). For the following reasons defendant's motion to dismiss is granted.
On October 13, 1992, defendant, John Golden, was operating his motor vehicle in a southerly direction on Pearl Harbor Road, Fort Monmouth, New Jersey. After passing a marked military police car, defendant was stopped for driving at an excessive rate of speed.
Pursuant to 28 U.S.C. §§ 636(c)(1)-(2) (Supp. 1992), defendant refused the jurisdiction of a United States magistrate judge. From this refusal, the instant matter came before this court.
At trial the government put forward the following, inter alia: (1) that defendant was operating his motor vehicle at a speed of 38 m.p.h. in a 25 m.p.h. speed zone; (2) that this court has jurisdiction over the instant matter, as the alleged violation occurred on a United States military base under the exclusive jurisdiction of the federal courts; and (3) that this court additionally has jurisdiction pursuant to the Assimilative Crimes Act, 18 U.S.C. § 13 (1988), which incorporates a state's criminal code on federal enclaves.
Defendant, appearing pro se, contends that the area in which he was stopped had inconsistent speed limit markings. Defendant also made a post-trial motion to dismiss the government's information for lack of subject matter jurisdiction. The court's analysis will address only defendant's motion to dismiss.
The Assimilative Crimes Act ("the Act") is generally used to charge defendants when criminal acts are committed on federal territories and there is no existing federal criminal law. It provides, in pertinent part:
(a) Whoever within or upon any [federal enclave], is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State . . . in which [the federal enclave] is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
United States v. Carlson, 900 F.2d 1346, 1347 (9th Cir. 1990) (citing 18 U.S.C. § 13 (1988)).
The Act, at first glance, would make all New Jersey state laws applicable to the Fort Monmouth site. However, it has been interpreted to incorporate only a state's criminal legislation. Id.; United States v. Best, 573 F.2d 1095 (9th Cir. ...