No. 12-13809.

745 F.3d 463 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael Diddier GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 16, 2014.

Attorney(s) appearing for the Case

Allen Lothrop Morris , Lothrop Morris , U.S. Attorney's Office, West Palm Beach, FL, Ignacio Jesus Vazquez, Jr. , Wifredo A. Ferrer , Kathleen Mary Salyer , Anne Ruth Schultz , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellee.

Marc David Seitles , Ashley M. Litwin , Law Offices of Marc David Seitles, PA, Miami, FL, Jason Wyatt Kreiss , The Kreiss Law Firm, Fort Lauderdale, FL, for Defendant-Appellant.

Before MARTIN and JORDAN, Circuit Judges, and BAYLSON, District Judge.

BAYLSON, District Judge:

I. Introduction

This is an appeal of a conviction for violating 18 U.S.C. § 111(a)(1) and (b), assault of a federal officer that resulted in bodily injury.

A. Facts

On July 16, 2011, Appellant, Rafael Diddier Gutierrez, and his father, Rafael Arturo Gutierrez (R.A. Gutierrez), age 63, were returning from a cruise in the Bahamas.1 They disembarked from their ship and proceeded into...

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