United States v. Agront, Sr.

Defendant appealed his conviction for violating a VA regulation prohibiting disorderly conduct that creates loud, boisterous, and unusual noise, 38 C.F.R. 1.218(a)(5) and (b)(11). The court held that disorderly conduct creates sufficiently loud, boisterous, and unusual noise to be prohibited under section 1.218(a)(5) and (b)(11) when such conduct would tend to disturb the normal operation of a VA facility. In this case, the evidence established that defendant's conduct would tend to disturb the normal operation of the hospital and that the hospital's operation was actually disturbed where the altercation between defendant and his son could be heard inside the facility 25 yards away, and a VA nurse and social worker were drawn away from their ordinary tasks to monitor the situation. View "United States v. Agront, Sr." on Justia Law