United States v. McGowan

MEMORANDUM *

A jury convicted Correctional Officer Robert McGowan of assaulting two inmates under color of law, in violation of the inmates’ Eighth Amendment rights. The district court granted a Fed.R.Crim.P. 29 motion for acquittal, and the government appeals. We reverse and remand for sentencing on counts 2 and 3 of the First Superseding Indictment.

In granting the motion to acquit, the district judge noted no problems with the identity of the attackers or with the evidence. Instead, the judge said “it was at best an assault and battery, which should have been prosecuted by the state court.”…