United States v. Booker

ORDER ON MOTION TO DISMISS INDICTMENT

JOHN A. WOODCOCK, JR., District Judge.

Convicted under Maine’s generic assault statute, Russell Booker faces an indictment that charges him with possession of a firearm by a prohibited person. He seeks to have the indictment dismissed because the Maine assault statute does not contain the domestic status of the assault victim as an element of the offense and because the Maine assault statute contains reckless conduct as a potential mens rea element. The Court denies the Defendant’s motion on the first issue, because his argument runs counter to clear First…