United States v. Ramirez-Torres
2:25-mj-01542
D.N.M.May 14, 2025Background
- Defendant Carlos Daniel Ramirez-Torres was charged via criminal complaint with: 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 allegedly unlawful entry occurred into the New Mexico National Defense Area (NMNDA), a restricted area contiguous with the U.S.-Mexico border.
- At initial appearance, defense counsel orally moved to dismiss the military trespass-related charges; the court independently reviewed probable cause.
- The court focused on whether facts in the complaint established probable cause regarding defendant's knowledge of entering military property and the required mens rea elements for the charges.
- The government used standard, virtually identical complaints across numerous border-crossing cases, which the court criticized as lacking individualized factual detail regarding whether defendants knew they entered restricted military property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of "willfully" under 50 U.S.C. § 797 | "Knowledge that conduct is unlawful" is sufficient for willfulness | Willfulness requires knowledge of the specific regulation and intentional defiance | Court: Willfulness = knowledge of unlawfulness, but must also know of entry |
| Probable cause as to knowledge of entry (both stats) | Entry into U.S. unlawfully suffices or infers knowledge of restriction | No factual basis that defendant knew he/she entered the restricted NMNDA | Court: Complaint lacks facts showing knowledge of entry into military property |
| Mens rea for 18 U.S.C. § 1382 | No knowledge of entry required if purposeful unlawful conduct shown | Specific intent, including knowledge of entry, is required | Court: Knowledge of entry is required for both 797 and 1382 |
| Sufficiency of complaint's factual allegations | Posted signs in area satisfy knowledge; standard complaint is adequate | Details of sign visibility, defendant's proximity must be shown | Court: Mere presence of signs insufficient; dismisses charges for lack of facts |
Key Cases Cited
- Atwater v. City of Lago Vista, 532 U.S. 318 (entitlement to magistrate's review of probable cause after arrest)
- Bryan v. United States, 524 U.S. 184 (defining "willfully" as knowledge that conduct is unlawful)
- Rehaif v. United States, 588 U.S. 225 (presumption that scienter applies to each element of a crime)
- Spies v. United States, 317 U.S. 492 (willfulness in tax crimes—“bad purpose” standard)
- United States v. Hall, 742 F.2d 1153 (knowledge of prohibited entry required for 18 U.S.C. § 1382)
- United States v. Floyd, 477 F.2d 217 (elements required for military trespass and knowledge thereof)