United States v. Bruce Wayne Peters
Opinion
Opinion
Fletcher, J.
Bruce Wayne Peters appeals his conviction for assaulting an officer of the United States in violation of 18 U.S.C. § 111 (1969 & Supp.1991). Peters contends that he was denied his sixth amendment rights by the district court’s exclusion of his expert witness as a sanction for defense counsel’s asserted violation of discovery rules. We hold that no discovery violation occurred and remand to the district court for further proceedings.
BACKGROUND
Peters was charged with assaulting United States park ranger Ralph Clyne, who had stopped him in Hawaii Volcanoes National Park because Peters was driving erratically. The charges stemmed from a scuffle that ensued when Clyne attempted to remove a cooler containing beer from the back of Peters’ truck for possible use as evidence to substantiate charges of driving while intoxicated. At trial, Clyne contended that during the scuffle Peters hit him several times, pushed him onto the ground and banged his head against the ground, attempted to grab his gun, and tried to strangle him. Peters contended that when he moved toward Clyne, Clyne backed away and tripped over the ice cooler which Clyne had placed behind him.