United States v. Paul Jonas Fredericks

LAY, Circuit Judge.

Defendant was found guilty by a jury on two counts of assault with a dangerous weapon in violation of 18 U.S.C. §§ 113(c) and 1153. Defendant contends the exclusion of certain hearsay evidence at trial and the manner in which the trial judge instructed the jury as to the weapon used in the assault require reversal. We affirm.

In May of 1978 defendant fired an AR-15 semi-automatic rifle at a car carrying two men and the defendant’s brother’s girl friend, Carmen Fox. At trial the defendant admitted he fired at the car but asserted as his defense that he did not have the…