United States Tenth Circuit

A conviction for willfully and unlawfully wrecking a train (18 U.S.C. section 1992) is affirmed as jury instructions conveyed that a natural consequence of leaving equipment across a railroad track is derailment of an oncoming train, and jury's questions did not indicate confusion as to the definitions of "willfulness" and "knowing."

Appellate Information

• Decided 05/21/2003
• Published 05/21/2003

Judges

• STEPHEN H. ANDERSON, Circuit Judge., Before LUCERO, Circuit Judge, McWILLIAMS and ANDERSON, Senior Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Cyd Gilman, Assistant Federal Public Defender, Wichita, Kansas, for Defendant-Appellant., Debra L. Barnett, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Brent I. Anderson, Assistant United States Attorney, on the briefs), Wichita, Kansas, for Plaintiff-Appellee.