United States Ninth Circuit

In a prosecution for assault on a federal officer, the denial of Defendant's motion to dismiss the indictment is affirmed where: 1) a violation of 18 U.S.C. section 111 is a "crime of violence" under 18 U.S.C. section 5032; and 2) a Border Patrol officer does not exceed his authority when investigating a possible drug crime.

Appellate Information

• Argued 12/10/2008
• Decided 05/27/2009
• Published 05/27/2009

Judges

• D.W. NELSON, Senior Circuit Judge:, Before:  HARRY PREGERSON, D.W. NELSON and DAVID R. THOMPSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Todd W. Burns, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Karen P. Hewitt, U.S. Atty., and George D. Hardy, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.