Legal Opinion

United States v. Bradley J. Devenport

Court of Appeals for the Seventh Circuit

Decided October 30, 1997No. 97-1292PublishedCited by 9 opinions

1Opinion of the Court

FLAUM, Circuit Judge.

In this appeal, we decide whether the Federal Assimilative Crimes Act, 18 U.S.C. § 13, assimilates a Wisconsin statute that imposes civil penalties for first offense drunk driving. We hold that it does not and therefore reverse and remand this matter with instructions to vacate the judgment below and dismiss for lack of subject-matter jurisdiction.

I. Background

Bradley Devenport was arrested by military police for drunk driving while he was passing through Fort McCoy, a military base in the Western District of Wisconsin. After Devenport failed to pass several field…

2Cases cited20 opinions

  1. Welsh v. WisconsinSupreme Court of the United States · 1984
  2. United States v. Randolph JakobetzCourt of Appeals for the Second Circuit · 1992
  3. United States v. SharpnackSupreme Court of the United States · 1958
  4. United States v. Eric J. CarlsonCourt of Appeals for the Ninth Circuit · 1990
  5. United States v. Mary Marcyes and James Siddle, United States of America v. Benjamin ReedCourt of Appeals for the Ninth Circuit · 1977

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3Cited by9 opinions

  1. UNITED STATES of America, Plaintiff-Appellee, v. PITT-DES MOINES, INC., Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1999
  2. United States v. MartinezCourt of Appeals for the Fifth Circuit · 2001
  3. United States v. AdamsCourt of Appeals for the Tenth Circuit · 1998
  4. Doe v. RaemischDistrict Court, E.D. Wisconsin · 2012
  5. United States v. Williams, ThomasCourt of Appeals for the Seventh Circuit · 2009

4 more not listed; retrieve them via the Exa API.

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