Moore

Moore v. United States

Good Law
254 F. App'x 603
United States Court of Appeals for the Ninth CircuitNovember 14, 2007No. 06-15363California385 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Shasha K. Moore was properly convicted of causing a disturbance on federal property in violation of 41 C.F.R. § 102-74.390 . A reasonable finder of fact could find beyond a reasonable doubt from the proof adduced at trial that the site of the incident was occupied by the Social Security Administration office, and therefore was federal property within the meaning of the Code of Federal Regulations, a material element of the offense. Federal property includes “any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States.” 20 U.S.C. § 107e(3); 34 C.F.R. § 395.1 (g).

Here, prominently displayed at the entrance to the Social Security Center was a notice of the “Rules and Regulations Governing Conduct on Federal Property.” In addition, an employee of the Social Security Administration testified that she was an employee of the federal government and that she worked at the Social Security Center in question currently and on the day of the offense. Her purpose was to help “the public with their agency needs.” Also, although her testimony at trial could be construed to be in the present…

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