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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA vs. VALERIA JOHNSON Defendant

: : : : Criminal Case No. 00-1324JKB

ORDER

Prior to her trial on the merits, Defendant moved to dismiss the case for lack of jurisdiction because the violation notice that charged her with violating a state criminal statute did not cite the Assimilative Crimes Act. I reserved ruling on the motion and proceeded with the trial. After a trial, I ruled that a judgment of not guilty should be entered. I now consider whether the Court has jurisdiction to enter any judgment at all. For the reasons set forth below, I DENY Defendant's Motion to Dismiss. Facts On the morning of October 23, 2000, at the Social Security Administration complex in Baltimore, Maryland, an officer with the General Services Administration issued a "United States District Court Violation Notice" to Defendant Valeria Johnson. Under the heading "Offense Charged," the officer wrote, "Article 5-801 (unattended child)." Under the heading "Offense Described," the officer wrote, "Did, being charged with the care of Darien Williams, a child under the age of 8 years old, allowed said child to be Locked/confined in a motor vehicle being out of his/her sight and while he/she was absent from."

Immediately before trial, counsel for the prosecution explained that "Article 5-801 (unattended child)" actually referred to Section 5-801 of the Family Law Article of the Maryland Code.1 Despite the ambiguity of the citation, defense counsel indicated that she was aware that the violation notice charged a violation under this section. Defendant did not contend that the violation notice gave her insufficient notice of the charge against her. Instead, Defendant argued that the Court did not have jurisdiction. Defendant reasoned that because the violation notice did not mention the Assimilative Crimes Act in conjunction with the Maryland statute, it only charged a violation of state law. Because federal courts do not ordinarily have jurisdiction over state crimes, Defendant continued, this Court lacks jurisdiction over this case. Analysis Federal district courts have original jurisdiction over "all offenses against the laws of the United States" by virtue of Section 3231 of Title 18 of the United States Code. Under the Assimilative Crimes Act, Maryland crimes become federal crimes when they occur on federal lands within Maryland where federal jurisdiction exists. See United States v. Raffield, 82 F.3d 611, 611 (4th Cir. 1996) (citing 18 U.S.C.

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Maryland Law