United States Fourth Circuit

Defendant's assault conviction is affirmed, where the "premises" of Asadabad, Afghanistan, where the offense occurred, constituted a United States "military mission" under 18 U.S.C. section 7(9), so as to render it within the criminal jurisdiction of a district court. However, his sentence is vacated where the district court must explicitly find by a preponderance of the evidence what, if any, instrumentality constituted the basis for a dangerous weapon enhancement.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Joseph Bart Gilbert, Office of the Federal Public Defender, Raleigh, North Carolina, for David A. Passaro.  Banumathi Rangarajan, Office of the United States Attorney, Raleigh, North Carolina, for the United States.   ON BRIEF:  Thomas P. McNamara, Federal Public Defender, James E. Todd, Jr., Research and Writing Specialist, Eric J. Brignac, Research and Writing Specialist, Office of the Federal Public Defender, Raleigh, North Carolina, for David A. Passaro.  George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for the United States.