U.S. v. VELA

No. 08-50121.

624 F.3d 1148 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio VELA Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2010.


Attorney(s) appearing for the Case

Todd W. Burns , Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

George D. Hardy , Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Opinion by Judge CANBY; Dissent by Judge N.R. SMITH.


OPINION

CANBY, Circuit Judge:

Rogelio Vela Jr. ("Vela") appeals from a judgment of not guilty by reason of insanity following a jury trial on a charge of assault on a federal officer, in violation of 18 U.S.C. § 111. He contends that the district court erred in failing to dismiss the indictment, refusing to instruct the jury that willfulness is an element of § 111, and denying him the opportunity to present a diminished capacity defense. He contends...

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