United States v. Mark A. Salazar

TALBOT SMITH, Senior District Judge.

The appellant (hereafter defendant) was tried for striking Nurse Newby, on duty at the United States Medical Center, Springfield, Missouri, in violation of 18 U.S.C. § 113(d).1 He was found guilty of the charge and sentenced to six months imprisonment, consecutive to the sentence he was then serving.

He appeals to us upon two grounds. The first is that he did not, indeed “could” not have struck the nurse, due to his restraint at the time. The incident out of which the charge arose occurred in connection with the post-operative treatment of the defendant. He…