United States v. Cho Po Sun

MANSFIELD, District Judge:

After trial before Judge Frankel, sitting without a jury, appellant was found guilty of assaulting and interfering with a Federal Immigration Officer in violation of Title 18, U.S.Code, § 111. 1 Upon this appeal appellant contends for the first time that the Government failed to establish that at the time of the assault the officer assaulted was “engaged in * * * the performance of his official duties” as outlined in Title 8, U.S.Code, § 1357. 2 We reject that contention and affirm the judgment.

The assault occurred in the early afternoon of January 26, 1968. At that…