United States v. James Cantu Sanchez

OVERVIEW

Sanchez appeals his conviction of assault on a federal officer with a deadly and dangerous weapon under 18 U.S.C. §§ 111 and 1114 (1982), claiming numerous errors in the district court’s instructions to the jury. He also challenges the district court’s application of the Sentencing Guidelines. We AFFIRM.

FACTS

A federal grand jury indicted Sanchez for assault on a federal officer with a deadly and dangerous weapon, in violation of 18 U.S.C. §§ 111 and 1114. At trial, United States Border Patrol Agent Jaime Macias (Macias) testified that on August 21, 1988, he was on patrol near Andrade, California, in a marked Border Patrol Dodge Ram Charger. At about 8 p.m., Sanchez passed in a Toyota. Macias pulled out after him, activated his red and blue lights, and pursued Sanchez when the car failed to stop.

Sanchez spun out of control and became stuck on some railroad tracks. Macias testified that he then pulled over and got out of the Ram Charger, walked around to the front and identified himself as a Border Patrol Agent, yelling to Sanchez to get out of his car. Sanchez rocked the Toyota back and forth until it was free of the tracks, and then drove straight at Macias, who…