United States v. Loera

MEMORANDUM AND ORDER

MARK E. ASPEY, United States Magistrate Judge.

Before the Court is Defendant’s motion (Doc. 10) to dismiss the charge against him, alleging an assault by striking, beating or wounding, in violation of 18 U.S.C. § 113(a)(4) and 18 U.S.C. § 1152, a Class B misdemeanor also referred to as a petty offense.1

Defendant’s motion and the government’s response raise matters for the Court’s consideration which other courts have left for another day. See Means v. Navajo Nation, 432 F.3d 924, 934-35 (9th Cir.2005). The resolution of the issues requires the Court to journey into the…