Lugo-Moron

MEMORANDUM *

Defendan1>-Appellant Antonio Lugo-Moron (Lugo) was being escorted by air from Hawaii to Los Angeles by the Immigration and Naturalization Service (INS), when he had an in-flight altercation with an INS officer. Lugo, who is Spanish-speaking, was convicted of threatening a federal officer in violation of 18 U.S.C. § 115 (a)(1)(B). Lugo now appeals, arguing that the requirements of § 115(a)(1)(B) were not met because he never intended to communicate a threat to the INS officer. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lugo contends that the district court erred by determining that his statements to INS Officer David Piche, who does not understand Spanish, constituted a threat under § 115(a)(1)(B). 1 Lugo’s premise is that he did not intend his Spanish words to be understood by Officer Piche; by finding nonetheless that he had made a threat, Lugo argues that the district court improperly interpreted § 115(a)(1)(B) as a general intent statute when, in fact, it requires specific intent.

Lugo makes much of the prosecutor’s statements in his closing argument which characterized § 115(a)(1)(B) as a general intent crime. On close examination, however,…