United States v. Joel Parker

MEMORANDUM

1. The district court properly admitted evidence of Parker’s prior bad act to show “absence of mistake or accident,” Fed. R.Evid. 404(b), especially when accompanied with repeated limiting instructions. The similar, recent incident was relevant in showing that Parker’s behavior was no reckless accident.

2. The district court committed no error in refusing Parker’s proposed jury instructions on his theory of the case. Because 18 U.S.C. § 111 (a)(1) includes interference with a federal officer as grounds for conviction, Parker’s overall intent to flee was irrelevant, so long as the jury found that he intentionally used force, a requirement the district court emphasized in its jury instructions. Parker’s proposed instruction that a car used only for flight can’t be a deadly or dangerous weapon- is simply wrong. United States v. Anchrum, 590 F.3d 795, 801 (9th Cir.2009) (“[A] car, truck, automobile, or vehicle can constitute a dangerous or deadly weapon under 18 U.S.C. § 111 (b)....”). The court correctly explained that a “vehicle is a deadly or dangerous weapon if it is used in a way that is capable of causing death or serious bodily injury.” Denial of a proposed…