United States v. LaMott

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Defendant was convicted of assault by strangulation in violation of 18 U.S.C. 113. At issue is whether the jury was properly instructed to disregard defendant’s voluntary intoxication, which requires the court to determine whether section 113(a)(8) is a general or specific intent crime. Also at issue is whether the district court’s instruction to the jury on assault by strangulation violated defendant’s due process rights. The court held that assault by strangulation under section 113(a)(8) is a general intent crime, and defendant's intoxication was thus irrelevant. The court found no plain error in the district court's instruction on the elements of the offense. The district court’s inclusion of the word “wounded” may have been superfluous, but if anything, the inclusion of “wounded” in the instruction required that the government meet a higher burden than was necessary because section (a)(8) does not require proof of a wound or injury. Accordingly, the court affirmed the conviction. View "United States v. LaMott" on Justia Law