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U.S. v. LEWELLYN

No. 06-30185.

481 F.3d 695 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Paul LEWELLYN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2007.

Attorney(s) appearing for the Case

Amy H. Rubin, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for the defendant-appellant.

Thomas J. Hopkins, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Before BETTY B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

McKEOWN, Circuit Judge.

Jeffrey Paul Lewellyn appeals his conviction for simple assault under 18 U.S.C. § 113(a)(5) for intentionally spitting on a patient while on the grounds of the Veterans Administration Medical Center in Walla Walla, Washington. The issue we consider is whether intentionally spitting on another person constitutes simple assault within the meaning of the statute. We hold that the statute encompasses such conduct under the theory of assault...

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