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United States Ninth Circuit


US v. Llewellyn, 06-30185

A conviction for simple assault for intentionally spitting on a patient while on the grounds of a Veterans Administration Medical Center in Washington is affirmed as the statute of conviction encompasses the conduct of intentionally spitting on another person under the theory of assault as an attempted battery.

Appellate Information

  • Decided 03/07/2007
  • Published 03/07/2007

Judges

  • McKEOWN, Circuit Judge., Before BETTY B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Amy H. Rubin, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for the defendant-appellant., Thomas J. Hopkins, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.
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