United States Ninth Circuit

Is a prosecution of defendant's for "felony child abuse", denial of defendant's motion to dismiss the indictment is affirmed where: 1) although federal criminal law includes a misdemeanor for assault on a minor, no federal law defined and punished felony child abuse, and thus state law was properly used to define the offense; and 2) the charge of felony child abuse was not vague as applied to defendant's admitted conduct.

Appellate Information

• Argued 11/02/2009
• Decided 02/26/2010
• Published 02/26/2010

Judges

• Before RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges, and BARRY TED MOSKOWITZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• William W. Mercer, United States Attorney, and Lori Harper Suek (argued), Assistant United States Attorney, Billings, MT, for the plaintiff-appellee., Kelly J. Varnes, Hendrickson Law Firm, P.C., Billings, MT, for the defendant-appellant.