United States Fourth Circuit

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US v. Briley, 13-4831

Conviction of defendant on four counts arising from intimate sexual activities in a national park and an ensuing physical altercation with United States Park Police Officers is affirmed, where: 1) it was proper for the district court to instruct the jury that defendant could have committed any of the threshold acts charged - not “assault” only - to be found guilty of an 18 U.S.C. section 111(a) offense, so long as the other elements of the offense were satisfied; and 2) the district court erred in admitting evidence of a subsequent crime under Federal Rule of Evidence 404(b), but given the overwhelming evidence from the underlying incident, there is no reversible error.

Appellate Information

  • Decided 10/22/2014
  • Published 10/22/2014

Judges

  • Wilkinson

Court

  • United States Fourth Circuit

Counsel