U.S. v. KURKA

Nos. 86-3064, 86-3065.

818 F.2d 1427 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Joseph KURKA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David Lee COMBS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1987.


Attorney(s) appearing for the Case

Marianne D. Bachers, Eugene, Or., and Kenneth Lerner, Portland, Or., for defendant-appellant Kurka.

Michael V. Phillips, Eugene, Or., for defendant-appellant Combs.

James L. Sutherland, Eugene, Or., for plaintiff-appellee.

Before ANDERSON, HUG and CANBY, Circuit Judges.


HUG, Circuit Judge:

Appellant Combs was convicted, under criminal statute 18 U.S.C. § 33 (1982), of having damaged, with reckless disregard for the safety of human life, a motor vehicle in interstate commerce. Appellant Kurka was convicted, under 18 U.S.C. § 2 (1982), of having aided and abetted Combs in violating 18 U.S.C. § 33. The dispositive issue presented on appeal is whether "willful" damage to motor vehicles is an essential element of the crime...

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