United States v. Nunez-Mendoza, 2:25-cr-01448

Richard Anthony Nunez-Mendoza was charged by criminal complaint 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 stem from allegedly crossing into the United States at a location not designated as a port of entry, specifically through the New Mexico National Defense Area (NMNDA), a military-regulated area.
The Court conducted a probable cause review of the criminal complaint, as required after a warrantless arrest.
Defendant, represented by the Federal Public Defender, orally moved to dismiss the 50 U.S.C. § 797 and 18 U.S.C. § 1382 charges at the initial appearance.
The Court considered whether the factual allegations sufficiently established the required mental state (mens rea) and knowledge elements for the military trespass-related charges.

Issue	Plaintiff’s Argument	Defendant’s Argument	Held
Definition of "Willfulness" under 50 U.S.C. § 797	"Willful" means knowledge conduct is unlawful; entry without inspection shows that knowledge.	Requires specific knowledge of regulation and nefarious purpose.	Knowledge of unlawfulness suffices, but knowledge of entry into NMNDA also required.
Knowledge of entry into restricted/military area	Posting of signs in NMNDA sufficed to create such knowledge.	No evidence defendant knew or saw signs indicating entry into restricted area.	Complaint fails to establish knowledge defendant entered NMNDA; insufficient.
18 U.S.C. § 1382 Mens Rea Requirements	Knowing purpose (e.g., intent to enter illegally) is enough.	Must knowingly enter military property with unlawful intent.	Knowledge of entry into military property is required; complaint insufficient.
Probable cause on military trespass charges	Facts support both charges based on illegal entry and intent.	Lack of allegations demonstrating knowledge of entering restricted property.	Probable cause not established for either charge; both dismissed.

Bryan v. United States, 524 U.S. 184 (1998) (defines "willfulness" in criminal statutes as acting with knowledge that conduct is unlawful)
Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (arrested persons entitled to judicial review of probable cause)
Spies v. United States, 317 U.S. 492 (1943) (willfulness as a culpable mental state)
Rehaif v. United States, 588 U.S. 225 (2019) (presumption that mens rea applies to each statutory element that criminalizes otherwise innocent conduct)
United States v. Wyatt, 964 F.3d 947 (10th Cir. 2020) (endorses requirement that defendant know conduct is unlawful for willfulness)
United States v. Parrilla Bonilla, 648 F.2d 1373 (1st Cir. 1981) (discusses purpose and knowledge in 18 U.S.C. § 1382 offenses)
United States v. Allen, 924 F.2d 29 (2d Cir. 1991) (unlawful purpose other than entry can satisfy 18 U.S.C. § 1382)