Legal Opinion

United States v. Wallace Johnson, Jr.

Court of Appeals for the Tenth Circuit

Decided June 16, 1992No. 91-2202PublishedCited by 15 opinions

1Opinion of the Court

BELOT, District Judge.

This appeal presents the question of whether, under the Assimilative Crimes Act, 18 U.S.C. § 13, a person may be prosecuted and convicted of the lesser included offense of aggravated assault, in violation of New Mexico law, when Congress has enacted a statute (18 U.S.C. § 113) making simple assault and its more aggravated forms federal offenses.

BACKGROUND

On the evening of September 11, 1990, Sergeant Phillip Joe, a Navajo tribal police officer in Shiprock, New Mexico, received a report of a ear being driven in a reckless manner on the Navajo Indian Reservation. The car…

2Cases cited10 opinions

  1. Williams v. United StatesSupreme Court of the United States · 1946
  2. United States v. Michael Henry Burns, Vincent M. Andrade, Britt Lance Reynolds, DefendantCourt of Appeals for the Tenth Circuit · 1980
  3. United States v. Kenneth R. ChapmanCourt of Appeals for the Tenth Circuit · 1980
  4. United States v. Leslie Decker YoungCourt of Appeals for the Tenth Circuit · 1989
  5. United States v. James Dale PatmoreCourt of Appeals for the Tenth Circuit · 1973

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3Cited by15 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1998
  2. United States v. Sheldon SchoenbornCourt of Appeals for the Seventh Circuit · 1993
  3. United States v. Michael Gabriel Duran, United States of America v. Leo Herman Monroe, Sr.Court of Appeals for the Tenth Circuit · 1997
  4. United States v. David Bernard AbeytaCourt of Appeals for the Tenth Circuit · 1994
  5. United States v. Aaron TaylorCourt of Appeals for the Third Circuit · 2012

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