United States v. Enrique Acosta-Sierra

Good Law
690 F.3d 1111·2012 WL 3326623·2012 U.S. App. LEXIS 17070
United States Court of Appeals for the Ninth CircuitAugust 15, 201210-50575California6,892 words

Opinion

Opinion

Nelson, J.

Defendanb-Appellant Enrique Acosta-Sierra (“Acosta-Sierra”), a 57-year-old native and citizen of Mexico who has been diagnosed with paranoid schizophrenia, appeals from his conviction, following a bench trial, of two counts of assault on a federal officer in violation of 18 U.S.C. § 111 .

Acosta-Sierra raises four claims on appeal: (1) that the district court’s findings of fact and conclusions of law pursuant to Rule 23(c) of the Federal Rules of Criminal Procedure were insufficient to find Acosta-Sierra guilty of assault on a federal officer with a dangerous and deadly weapon in violation of 18 U.S.C. §§ 111 (a)(1) & (b); (2) that the district court erred in denying Acosta-Sierra’s motion for a judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure; (3) that the district court erred when it concluded that 18 U.S.C. § 111 did not require the government to prove specific intent, and thereby precluded Acosta-Sierra from presenting a diminished capacity defense; and (4) that the district court erred when it precluded mental health evidence in support of Acosta-Sierra’s self-defense claim.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We…

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