United States Sixth Circuit

18 U.S.C. section 115(a)(1)(B) contains a specific intent element that must be proven by the government beyond a reasonable doubt. A conviction for resisting a federal law enforcement officer and threatening to assault and murder two federal law enforcement officers with intent to impede the performance of their official duties is reversed in part as to the counts for threatening officers where the district judge improperly restricted defendant's ability to present a diminished capacity defense to a specific-intent crime.

Appellate Information

• Decided 08/01/2006
• Published 08/01/2006

Judges

• Before:  DAUGHTREY and COLE, Circuit Judges;  GRAHAM, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bruce R. Bentley, Zoellers, Hudson & Bentley, London, Kentucky, for Appellant.  David P. Grise, Assistant United States Attorney, Lexington, Kentucky, for Appellee.   ON BRIEF:  Bruce R. Bentley, Zoellers, Hudson & Bentley, London, Kentucky, for Appellant. David P. Grise, Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.