United States v. Lewis

MEMORANDUM RULING

TRIMBLE, District Judge.

Presently before the court are the defendants’ motions to dismiss the indictment based upon the government’s charging the defendants with a violation of state law under the Assimilative Crimes Act (“ACA”), instead of under 18 U.S.C. § 1111.

The ACA, 18 U.S.C. § 13, states (in pertinent part) that:

“(a) Whoever within or upon any of the places now existing or hereinafter reserved or acquired as provided in section 7 of this title, is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if…