U.S. v. MAKOWSKI

No. 96-50570.

120 F.3d 1078 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Allen MAKOWSKI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1997.


Attorney(s) appearing for the Case

Brian A. Newman, Culver City, CA, for plaintiff-appellant.

Richard E. Drooyan, Chief Assistant U.S. Attorney, Department of Justice, Los Angeles, CA, for defendant-appellee.

Before: SCHROEDER, BRUNETTI and O'SCANNLAIN, Circuit Judges


BRUNETTI, Circuit Judge:

Appellant Robert Allen Makowski was convicted following a bench trial of a racially motivated assault in violation of 18 U.S.C. § 245(b)(2)(B). Appellant challenges his conviction on three grounds. First, he argues that 18 U.S.C. § 245(b)(2)(B) is void for vagueness. Next, he argues that insufficient evidence supported the district court's conclusion that Appellant harbored the specific intent to assault the victim due to his ethnic...

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