UNITED STATES of America, Plaintiff-Appellee,
v.
David A. PASSARO, Defendant-Appellant.
United States of America, Plaintiff-Appellant,
v.
David A. Passaro, Defendant-Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 27, 2009.
Decided: August 10, 2009.
Attorney(s) appearing for the Case
ARGUED: Joseph Bart Gilbert, Office of the Federal Public Defender, Raleigh, North Carolina, for David A. Passaro. Banumathi Rangarajan, Office of the United States Attorney, Raleigh, North Carolina, for the United States. ON BRIEF: Thomas P. McNamara, Federal Public Defender, James E. Todd, Jr., Research and Writing Specialist, Eric J. Brignac, Research and Writing Specialist, Office of the Federal Public Defender, Raleigh, North Carolina, for David A. Passaro. George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for the United States.
Affirmed in part and vacated and remanded in part by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.
United States Court of Appeals, Fourth Circuit.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
This case arises from the conviction in a United States federal court of an American citizen for the brutal assault on an Afghan national in Afghanistan. A jury in the Eastern District of North Carolina found David A. Passaro, a Central Intelligence Agency civilian contractor, guilty of assault on Abdul Wali. The assault occurred in 2003 at Asadabad Firebase, a United States...
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