United States v. Billy Lee Kaufman

Jack Hale, a Bureau of Indian Affairs Security Officer, intervened in an altercation at the Chemawa Indian School construction site, which is within a federal enclave. Kaufman approached Hale with a pistol protruding from his pocket. Hale told Kaufman not to touch the gun, but Kaufman took it from his pocket and extended it toward the officer. Kaufman testified he offered the gun with the muzzle pointed toward the ground, but Hale testified the barrel of the gun was “coming up toward me” and was pointed at the lower portions of his body. Hale drew his own weapon. He then seized Kaufman’s pistol, which proved to be unloaded, and arrested him.

Kaufman was convicted of violating the Assimilative Crimes Act, 18 U.S.C. § 13 , by purposefully pointing a pistol at Hale in violation of Or.Rev.Stat. 166.190. Kaufman claims the Assimilative Crimes Act did not incorporate Or.Rev.Stat. 166.190 because his alleged conduct was made penal by federal statutes and regulations. He also challenges the sufficiency of the evidence and the legality of his sentence. We affirm the judgment, but remand the sentence for amendment.

I

The Assimilative Crimes Act provides:

18 U.S.C. § 13 . The act was…