United States v. Donald Simon

KILEY, Circuit Judge.

Defendant appeals his conviction, by the court without a jury, on three counts of the willful, forceful assault, resistance and interference with narcotics agents in performance of their official duties. 1 We affirm.

Before trial, Simon moved to quash the indictment on the ground, inter alia, that his arrest was “illegal, unlawful and unwarranted.” The district court decided that the arrest was based on probable cause and that it was therefore unnecessary to decide whether the agents had time to obtain a warrant.

The testimony in the light most favorable to the government…