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U.S. v. CHAPMAN

No. 07-50000.

528 F.3d 1215 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Lee CHAPMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2008.

Attorney(s) appearing for the Case

Steven L. Barth, Federal Defenders of San Diego, Inc., Sand Diego, CA, for the defendant-appellant.

Karen P. Hewitt, Bruce R. Castetter, Christina M. McCall, United States Attorneys, San Diego, CA, for the plaintiff-appellee.

Before: DAVID R. THOMPSON and KIM McLANE WARDLAW, Circuit Judges, and EDWARD C. REED, JR., District Judge.

WARDLAW, Circuit Judge:

Lee Chapman appeals his misdemeanor conviction under 18 U.S.C. § 111(a) for forcibly resisting, opposing, impeding, and interfering with a federal officer engaged in official duties. Because § 111(a) allows misdemeanor convictions only where the acts constitute simple assault, and because Chapman's nonviolent civil disobedience did not constitute a simple assault, we reverse and vacate the judgment of conviction.

I. BACKGROUND...

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