Public-domain · open source
OpenJurist

538 F.2d 567

Docket No. 75-1532.

United States v. Chatman

Fourth Circuit Court of Appeals

Submitted Nov. 10, 1975.

Decided March 8, 1976.

Fourth Circuit Court of Appeals · decided 1976-03-08

2 counsel of record

Key passage — most relied on by later courts

““That the terms of a penal statute creating a new offense must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties . . ; and a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.””

quoted by 3 later decisions, including State v. J. K., State v. J. K.

“A federal penal institution has peculiar needs, and statutes designed to regulate articles being introduced into such institutions must be scrutinized in light of those needs. Pragmatically speaking, it would be virtually impossible for a single statute to catalogue the numerous items which must be prohibited in the interest of prison safety and security.”

quoted by 1 later decision, including 523 F. App'x 932 - United States v. Johnny Beason

Applies 18 U.S.C. § 1791

Relies on Connally v. General Construction Co. · United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister In · Carter v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1976-03-08

How this case has been cited

Cited by 14 later decisions — most recently April 2013

4 federal appellate · 1 district · 5 state decisions

4019761980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*568Thamas 0. Mucklow, Philippi, W. Va. (court-appointed counsel), on brief for appellant.

¶2James F. Companion, U. S. Atty., Wheeling, W. Va., and Stephen G. Jory, Asst. U. S. Atty., Elkins, W. Va., on brief for appellee.

¶3Before CLARK *, Supreme Court Justice, Retired, HAYNSWORTH, Chief Judge, and BOREMAN, Senior Circuit Judge.

¶5HAYNSWORTH, Chief Judge:

¶6Terry Daniel Chatman, an inmate at the Kennedy Youth Center at Morgantown, West Virginia, was charged with unlawfully introducing a contraband article onto the grounds of that federal institution. More specifically, he was charged with bringing 24.3 grams of marijuana back with him from an afternoon furlough in Morgan-town. After a two-day jury trial, Chatman was convicted and sentenced to ten years imprisonment.

¶7The present appeal primarily involves an attack upon 18 U.S.C. § 1791, the statute under which Chatman was convicted. That statute provides:

Whoever, contrary to any rule or regulation promulgated by the Attorney General, introduces or attempts to introduce into or upon the grounds of any Federal penal or correctional institution or takes or attempts to take or send therefrom anything whatsoever, shall be imprisoned for not more than ten (10) years.1

¶8Appellant Chatman contends that the statute is unconstitutionally vague and over-broad in that it fails to define the crime with certainty and definiteness.2

¶9It is, of course, a fundamental tenet of constitutional law that criminal stat-

¶10*569utes must be reasonably definite as to the persons and conduct within their scope and that a statute must be held void when it is so vague that “men of common intelligence must necessarily guess at its meaning and differ as to its application.” Connally v. General Construction Company, 269 U.S. 385, 391, 46 S.Ct. 126, 127, 70 L.Ed. 322 (1926). Were the statute in question here an ordinary criminal statute we might feel constrained to hold that it runs afoul of the well-established void-for-vagueness doctrine. In this case, however, we must construe the statute while bearing in mind the unique environment in which it is designed to operate. A federal penal institution has peculiar needs, and statutes designed to regulate articles being introduced into such institutions must be scrutinized in light of those needs. Cf. United States v. Flower, 452 F.2d 80, 86 (5th Cir. 1971). Pragmatically speaking, it would be virtually impossible for a single statute to catalogue the numerous items which must be prohibited in the interest of prison safety and security. Accordingly, we hold that § 1791 is not unduly vague or overbroad when viewed in the context of the highly distinctive prison milieu. See United States v. Berrigan, 482 F.2d 171 (3rd Cir. 1973); United States v. Ahmad, 347 F.Supp. 912 (M.D.Pa.1972).

¶11We find no merit in any of the other issues raised by Chatman.

¶12AFFIRMED.

/538/f2d/567 · .json · Public domain