United States Second Circuit

Conviction for simple assault under U.S.C. section 113(a)(5) as made applicable to the special aircraft jurisdiction of the United States is affirmed where a finding that there was an intent to engage in an offensive touching was sufficient to support the conviction, as the statute does not require a finding of specific intent to injure.

Appellate Information

• Decided 03/05/2009
• Published 03/05/2009

Judges

• LIVINGSTON, Circuit Judge:, Before:  McLAUGHLIN, CALABRESI, LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Sylvia Shweder (Susan Corkery and Carolyn Pokorny, Assistant United States Attorneys, of counsel), for Benton J. Campbell, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee., Yuanchung Lee, Federal Defenders of New York, Inc., New York, NY, for Defendant-Appellant.