United States v. Russell Dickerson

FEINBERG, Circuit Judge:

Russell Dickerson appeals from a judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Jr., J., convicting him of assaulting a federal officer and sentencing him to two years in prison. Appellant claims that the jury was improperly allowed to find him guilty on a theory of vicarious liability and that the judge erred in giving the jury a modified Allen charge. Since we agree with the first contention, the judgment must be reversed.

I

The facts relevant to the issues on appeal, as the jury could have found them, are as…