United States v. Harvey Lee Spears

Harvey Lee Spears was convicted of assaulting a federal employee in violation of 18 U.S.C. § 111 . He argues on appeal that the victim of the assault had not been designated pursuant to 18 U.S.C. § 1114 and hence the assault was not within the prohibition of 18 U.S.C. § 111 . The judgment is affirmed.

Robert P. Cook, an employee of the Forest Service, was on duty as a “wilderness officer” near Marion Lake in the Willamette National Forest when he came upon three men who were camped in violation of wilderness regulations on the edge of the lake. He asked them to move their camp and they agreed.

When Cook returned to their campsite a short time later, he attempted to persuade the campers, who had now been joined by defendant Spears, to abide by their agreement and move. The discussion included verbal abuse by Spears and an invitation from another camper to take a drink of whiskey. Cook accepted the drink. He later said he thought an appearance of congeniality might abate some of the hostility displayed by Spears. As the discussion progressed, Cook agreed to go out on the lake with the campers in a rubber raft. He testified that his intent was to discuss further the wilderness…