Legal Opinion

United States v. Sheila Mae Abraham, United States of America v. Henrietta W. Clark

Court of Appeals for the Ninth Circuit

Decided September 9, 1980No. 79-1625, 79-1632PublishedCited by 6 opinions

1Per curiam

Appellants were convicted of violating 18 U.S.C. § 111, which makes it a felony to assault any person designated in section 1114 (which includes FBI agents) while engaged in the performance of official duties.

At trial, appellants argued that they were guilty, at most, of a violation of 18 U.S.C. § 1501, which makes it a misdemeanor to assault any officer or authorized person serving or executing process.

On appeal, appellants recognize that Pietrzak v. United States, 188 F.2d 418, 420 (5th Cir. 1951) holds that section 111 may apply to an assault upon an officer serving process, and do not ask…

2Cases cited5 opinions

  1. United States v. BatchelderSupreme Court of the United States · 1979
  2. United States v. Carlos MarcelloCourt of Appeals for the Fifth Circuit · 1970
  3. United States v. Gaetano FrizziCourt of Appeals for the First Circuit · 1974
  4. United States v. Kyle R. Jones, Thayde L. Jones and Robert E. GevaraCourt of Appeals for the Ninth Circuit · 1979
  5. Pietrzak v. United StatesCourt of Appeals for the Fifth Circuit · 1951

3Cited by6 opinions

  1. United States v. Reinhold SommerstedtCourt of Appeals for the Ninth Circuit · 1985
  2. Commonwealth v. FittaMassachusetts Supreme Judicial Court · 1984
  3. United States v. Robert GiampinoCourt of Appeals for the Second Circuit · 1982
  4. United States v. Dolores MacKie and Celita FrieraCourt of Appeals for the Ninth Circuit · 1982
  5. United States v. Robert Wayne HohmanCourt of Appeals for the Ninth Circuit · 1987

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