United States Ninth Circuit

Defendant's convictions for (1) assault committed by means of force likely to produce great bodily injury under California Penal Code section 245, as assimilated into federal law by the Assimilated Crimes Act and (2) assault with a dangerous weapon under the federal assault statute, are reversed where: 1) the federal assault statute precluded application of California Penal Code section 245; and 2) the evidence presented to the jury that defendant used his bare hands to perpetrate the assault could not support a conviction under the federal assault statute for assault with a dangerous weapon.

Appellate Information

• Decided 03/18/2010
• Published 03/18/2010

Judges

Court

• United States Ninth Circuit

Counsel