United States v. Robert Plummer

NATHANIEL R. JONES, Circuit Judge.

Appellant Robert Plummer was convicted of assaulting a federal officer in the performance of her duties, a violation of 18 U.S.C. § 111 (1982). He appeals that conviction arguing that the trial court erroneously failed to instruct the jury on the significance of his lack of knowledge that his victim was a federal official. We disagree and affirm.

I

The charge arose out of events that occurred on October 30, 1984, when IRS Agent Carol Givens attempted to serve Plummer with two administrative summonses. IRS Supervisor Peter Petit had given the summonses to…