United States v. Strong
724 F.3d 51
1st Cir.2013Background
- Strong was convicted by a magistrate judge after a bench trial of three misdemeanor counts: willfully damaging federal property, creating a hazard on federal property, and creating a nuisance on federal property at the Edward T. Gignoux U.S. Courthouse in Portland, Maine.
- The notice regulating conduct on federal property was posted inside near the clerk’s office, not at the courthouse’s exterior entrance.
- Strong argued exterior posting was required by 40 U.S.C. § 1315(c)(1) and 41 C.F.R. § 102-74.365, making the crimes invalid absent proper posting.
- The magistrate judge and district court accepted that Strong had implicit/actual notice despite imperfect posting.
- Mason testified to extensive mess details (feces covering floor, walls, dispensers; underwear found) and Strong claimed an accidental incident while cleaning himself.
- The majority affirmed the convictions, rejecting Strong’s challenges and holding posting was conspicuous and the evidence supported willful conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was proper posting a prerequisite to prosecution? | Strong argues exterior posting was required by statute/regulation. | Strong contends lack of exterior posting defeats criminal liability. | No; posting conspicuous inside satisfied notice and prosecutions may proceed. |
| Was the evidence sufficient to prove willful/mens rea for all counts? | Government proved willful/damaging and deliberate nuisance/hazard. | Strong contends the conduct was accidental or not shown to be willful. | Convictions upheld; evidence supports willful conduct and resulting nuisance/hazard. |
Key Cases Cited
- Strakoff v. United States, 719 F.2d 1307 (5th Cir. 1983) (defining conspicuous posting as reasonably calculated to impart information)
- Bichsel v. United States, 395 F.3d 1053 (9th Cir. 2005) (posting not conspicuous if not reasonably calculated to impart notice)
- United States v. Irby, 269 F. App’x 246 (4th Cir. 2008) (actual notice may substitute for posting in some contexts)
- United States v. Tobin, 480 F.3d 53 (1st Cir. 2007) (construction of regulatory posting in related context)