Appeal from the United States District Court for the Central District of Illinois, Rock Island Division. No. 82 CR 40012 -- Michael M. Mihm, Judge.
Cudahy and Eschbach, Circuit Judges, and Edwards, Circuit Judge.*fn*
This is an appeal by three defendants who were arrested on the premises of the Rock Island Arsenal while participating in a peaceful "prayer meeting." Each defendant had been served with a "Bar Letter" after his prior participation in an anti-nuclear demonstration on the Arsenal premises.
Quilty's Bar Letter reads as follows:
By the authority vested in me as Commander of Rock Island Arsenal I hereby bar you from Rock Island Arsenal and order you not to reenter Rock Island Arsenal for any reason prior to 24 FEB 1983. For the purpose of this order Rock Island Arsenal includes Arsenal Island and all access thereto, except the Rock Island Arsenal Viaduct, Fort Armstrong Avenue, and the Rock Island Arsenal Bridges that connect the Arsenal with the cities of Rock Island, Illinois and Davenport, Iowa.
The reason for this bar action is that on 24 FEB 1982 you engaged in a demonstration on Rock Island Arsenal in the vicinity of Building 321 in violation of Rock Island Regulation 1-19, Paragraph 1-33.
You are further advised that Title 18, Section 1382 of the United States Code provides that,
"Whoever reenters or is found within any such reservation, post, fort, arsenal, yard, station, or installation, after having been removed therefrom or ordered not to reenter by any officer or person in command or charge thereof . . .
"Shall be fined not more than $500 or imprisoned not more than six months, or both."
Should you reenter or be found on Rock Island Arsenal, as herein defined, in violation of my order, you will be subject to prosecution in the Federal Court and conviction could result in a fine or your imprisonment or both.
Bar letters received by the other appellants were of similar notice and form, except that Morlan's letter did not contain his name or the signature of an Arsenal official. Each letter, however, gave adequate notice of the consequences which might ensue upon reentry to the Arsenal, and Morlan stipulated his letter was issued by "an authorized official."
Our examination of this record does not disclose any challenge to the facts related in the paragraphs above. Nor is there any indication that appellants sought to challenge the validity of the Bar Letters before their reentry into the Rock Island ...