United States v. Michael Anchrum

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 09-30013 Plaintiff-Appellee, D.C. No. v.  3:06-CR-00085-

MICHAEL DION ANCHRUM, TMB

Defendant-Appellant.  ORDER

Filed February 10, 2010

Before: Robert R. Beezer, Ronald M. Gould, and Richard C. Tallman, Circuit Judges.

Order; Dissent by Judge Beezer

ORDER

Judges Gould and Tallman have voted to deny Appellant’s petition for rehearing. Judge Beezer votes to grant the petition for rehearing.

The petition for rehearing is DENIED.

BEEZER, Circuit Judge, dissenting:

I would grant Anchrum’s petition for rehearing as to Count 3, Interference with a Federal Officer by Means of a Deadly or Dangerous Weapon, 18 U.S.C. § 111.

2415 2416 UNITED STATES v. ANCHRUM Anchrum was convicted on Count 3 with an erroneous jury instruction. The district court correctly stated the first two ele- ments: (1) interference with a federal officer (2) while the officer was engaged in official duties.1 For the third element, however, the district court stated, “Third, the defendant used a motor…