United States v. Anthony Neil Jim

Good Law
865 F.2d 211·1989 WL 563·1989 U.S. App. LEXIS 106
United States Court of Appeals for the Ninth CircuitJanuary 10, 198987-1359California1,959 words

Opinion

Opinion

Wright, J.

On this appeal, we address the question whether under 18 U.S.C. § 111 assault on a federal officer is a general or specific intent crime. The district court held that § 111 was a general intent crime and refused to instruct the jury on the defense of voluntary intoxication. We affirm.

FACTS

After consuming an undetermined amount of alcohol on Christmas Eve 1986, Anthony Jim went on a shooting spree on the Duck Valley Indian Reservation in Nevada. Responding to a call from Jim’s brother, police officers from the Department of Interior pursued Jim in an extended car chase. When one officer intercepted him, Jim fired two shots at the officer and fled. Jim encountered two more officers, fired one shot at each of them, and fled again. The police later arrested him at a nearby hospital.

A jury convicted Jim of three counts of assault on a federal officer with a deadly weapon under 18 U.S.C. §§ 111 and 1114, and three counts of use of a firearm during a crime of violence under 18 U.S.C. § 924 (c)(1). He was sentenced to six consecutive five-year prison terms.

Jim filed a timely notice of appeal, and we have jurisdiction under 28 U.S.C. § 1291 .

DISCUSSION

Jim makes two related…

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