United States First Circuit

Conviction for drunk driving is affirmed over defendant's arguments that: 1) a sleeping person cannot be actual physical control of a vehicle; 2) the government failed to produce sufficient evidence of his state of mind; and 3) the term "actual physical control" failed to sufficiently warn him that his conduct was illegal.

Appellate Information

• Decided 04/12/2006
• Published 04/12/2006

Judges

• HOWARD, Circuit Judge., Before LYNCH, Circuit Judge, BOWMAN, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David W. Bate on brief for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.