United States v. Sanchez-Castro
2:25-cr-01449
D.N.M.May 14, 2025Background
- Bruno Sanchez-Castro was charged via a 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 alleged conduct involves entering a military area (NM National Defense Area) adjacent to the U.S.-Mexico border without authorization while also unlawfully entering the United States.
- The court was required to evaluate probable cause on the two "military trespass" charges (50 U.S.C. § 797 and 18 U.S.C. § 1382), even without a formal motion from the defense.
- Signage regarding the military zone was present, but the complaint lacked facts evidencing defendant’s knowledge of entering a restricted area.
- The court reviewed statutory requirements for mens rea ("willfully" and "knowingly") in both military trespass statutes and applied relevant Supreme Court precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What mens rea does 50 U.S.C. § 797 require? | Knowledge that conduct is unlawful is sufficient | Specific knowledge of the security regulation is required | Mens rea is met by knowledge of unlawful conduct, not specific reg. |
| Is knowledge of entering NMNDA necessary for § 797? | General signage is enough, knowledge presumed | Complaint must show specific knowledge of entry | Govt failed to show Sanchez-Castro knew he entered NMNDA |
| What is required for 18 U.S.C. § 1382's 'goes upon' elem.? | Specific intent for unlawful entry sufficient | Knowledge of entry onto military property required | Knowledge of entry onto military property is required |
| Did facts of complaint show defendant's knowledge of entry? | Simultaneous illegal entry implies knowledge | Lack of facts tying defendant to awareness of boundary | Complaint lacks probable cause for knowledge of military entry |
Key Cases Cited
- Atwater v. City of Lago Vista, 532 U.S. 318 (magistrate must review probable cause for warrantless arrest)
- Bryan v. United States, 524 U.S. 184 ("willful" in criminal statutes means knowledge that conduct is unlawful)
- Spies v. United States, 317 U.S. 492 (defining willfulness in criminal law)
- Cheek v. United States, 498 U.S. 192 (exception to general ignorance of law rule for highly technical statutes)
- Ratzlaf v. United States, 510 U.S. 135 (willfulness and highly technical statutes)
- United States v. Apel, 571 U.S. 359 (public roads through military bases)
- United States v. Wyatt, 964 F.3d 947 (jury instruction on willfulness)
- United States v. Robertson, 709 F.3d 741 (proof of knowledge that conduct is unlawful)
- United States v. Floyd, 477 F.2d 217 (elements for 18 U.S.C. § 1382 unauthorized entry)