UNITED STATES v. MONTOYA

CA No. 84-1004.

739 F.2d 1437 (1984)

UNITED STATES of America, Plaintiff/Appellee, v. Larieto Phillip MONTOYA, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1984.


Attorney(s) appearing for the Case

Rodolfo Orjales, Asst. U.S. Atty., San Francisco, Cal., for plaintiff/appellee.

Geoffrey A. Hansen, San Francisco, Cal., for defendant/appellant.

Before HUG, TANG and FARRIS, Circuit Judges.


FARRIS, Circuit Judge:

While investigating a disturbance at a campsite on government property, Larieto Montoya struck a U.S. Ranger on the head with his crutch. Montoya was charged with assaulting a federal officer with a dangerous weapon, 18 U.S.C. § 111, and assault with intent to do bodily harm within the maritime and territorial jurisdiction of the United States, 18 U.S.C. § 113(c).

Montoya's defense was that he meant only to knock a can of beer...

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