United States v. Mario Johnson

MEMORANDUM

Mario Latrevious Johnson (“Johnson”) appeals from the district court’s judgment of conviction on a single count of assault on a federal officer in violation of 18 U.S.C. § 111 (a). He contends that the district court erroneously denied his request for a “self-defense” instruction. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

On May 24, 2010, two FBI agents, Lawrence Wenko and T. Scott Hendricks, dressed in plainclothes, went to an apartment complex to serve a search warrant authorizing the seizure of a DNA sample from Johnson. When the two agents encountered Johnson, Agent Wenko displayed his FBI badge and stated “Mario, we’re with the FBI. We have a Search Warrant for DNA for you.” Agent Wen-ko, although dressed in plainclothes, was visibly carrying his service weapon, extra magazines, handcuffs, and a handheld radio that was emitting audible police traffic. Johnson stopped and asked, “What’s this about?” Agent Wenko told Johnson why the agents were there and handed him a copy of the warrant. Johnson appeared to become agitated, used an expletive, and said that he would not comply with the warrant. Agent Hendricks then reached to grab Johnson. Johnson, in…