United States v. Lopez-Sanchez
2:25-cr-01435
D.N.M.May 14, 2025Background
- Luis Alberto Lopez-Sanchez was charged with three misdemeanors: Entry Without Inspection (8 U.S.C. § 1325), Violation of a Security Regulation (50 U.S.C. § 797), and Entering Military Property for an Unlawful Purpose (18 U.S.C. § 1382).
- The charges arose from alleged unauthorized entry into the NM National Defense Area (NMNDA), a military-controlled area along the U.S.-Mexico border.
- The defendant was represented by the Federal Public Defender, who moved to dismiss the charges under § 797 and § 1382.
- The court undertook a probable cause review, as required for warrantless arrests, to determine if the facts supported these charges.
- The court found the criminal complaint did not establish probable cause for the military trespass-related charges due to insufficient facts regarding the defendant's knowledge of entry onto restricted military land.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of "willfulness" under 50 U.S.C. § 797 | Knowledge of unlawful conduct is sufficient for willfulness | Willfulness requires knowledge of the regulation and purposeful defiance | Willfulness only requires knowledge conduct is unlawful, not specific knowledge of reg |
| Application of mens rea to restricted military entry | General unlawful entry intent suffices for § 797 and § 1382 | Must show defendant specifically knew they were entering restricted/military area | Govt must show knowledge of facts constituting offense, incl. knowledge of entry |
| Probable cause based on posted signs and border context | Posted signs & border crossing show defendant knew entry was unlawful | No facts in complaint support defendant saw or knew about signs/that he was entering NMNDA | No probable cause alleged that defendant knew about entering NMNDA |
| Mens rea for 18 U.S.C. § 1382 "goes upon" element | No additional mens rea required if intent element is met | Knowledge of entry onto military property required, or innocent conduct could be criminalized | Knowledge of entry onto military property is required |
Key Cases Cited
- Atwater v. City of Lago Vista, 532 U.S. 318 (requirement for magistrate probable cause review after warrantless arrest)
- Bryan v. United States, 524 U.S. 184 ("willfully" means knowledge conduct is unlawful; not specific knowledge of statute)
- Cheek v. United States, 498 U.S. 192 (exception where statutes are highly technical)
- Ratzlaf v. United States, 510 U.S. 135 (discusses exceptions to ignorance of law rule)
- Rehaif v. United States, 588 U.S. 225 (scienter must generally attach to each element that criminalizes otherwise innocent conduct)
- United States v. Apel, 571 U.S. 359 (military property boundaries can be ambiguous)
- United States v. Parrilla Bonilla, 648 F.2d 1373 (knowledge of entering military property is required for conviction under § 1382)
- United States v. Floyd, 477 F.2d 217 (three-part test for § 1382: intentional entry, being a prohibited person, knowledge of prohibition)