United States Second Circuit

Defendant's conviction and sentence for assault on a federal officer, false personation of a federal officer, and concealment of a public record, are affirmed, where: 1) the district court did not err in declining to instruct the jury that it must unanimously agree as to which means of commission set forth in 18 U.S.C. section 111(a) for assaulting a federal officer was proven beyond a reasonable doubt; 2) the sentence imposed was substantively and procedurally reasonable; and 3) defendant did not raise a clear error in his Federal Rule of Criminal Procedure 35 motion, and thus it was properly denied.

Appellate Information

• Decided 06/04/2014
• Published 06/04/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel