U.S. v. SMITHEN

No. 99-12723 Non-Argument Calender.

213 F.3d 1342 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Elwin SMITHEN, a.k.a. Kel, a.k.a. Mambo, a.k.a. Raga, a.k.a. Keith, Plaintiff-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 6, 2000.


Attorney(s) appearing for the Case

Charles E. Lykes, Jr., Clearwater, FL, for Plaintiff-Appellant.

Tamra Phipps, Susan Hollis Rothstein-Youakim, Tampa, FL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, and TJOFLAT and DUBINA, Circuit Judges.


PER CURIAM:

The sole issue we are asked to decide in this case is whether 18 U.S.C. § 2114(a) (1994), which prohibits the assault of a person in lawful possession of property belonging to the United States with intent to rob that person, requires proof, as an element of the offense, that the defendant had knowledge that the property belonged to the United States. We answer in the negative.

I.

In August...

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