United States v. Avila , 76 F. App'x 575 ( 2003 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS         October 6, 2003
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 03-50140
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    RUBEN M. AVILA,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. SA-02-CR-413-ALL-OG
    USDC No. SA-02-M-35-ALL
    --------------------
    Before BARKSDALE, EMILO M. GARZA, and DENNIS, Circuit Judges.
    PER CURIAM:*
    Rubin M. Avila appeals his conviction under 18 U.S.C. § 111
    for simple assault, following a jury trial.   Avila argues that the
    evidence was not sufficient to support his conviction because it
    did not show that he forcibly assaulted James Palermo, a member of
    the Security Forces, or that he intended to place him in reasonable
    apprehension of immediate harm.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 03-50140
    -2-
    Title 18 U.S.C. § 111 punishes anyone who "forcibly assaults,
    resists,   opposes,    impedes,     intimidates,    or    interferes    with   a
    [federal officer] while engaged in or on account of the performance
    of official duties."       See United States v. Moore, 
    958 F.2d 646
    , 649
    (5th Cir. 1992).     Given the testimony at trial that Avila swung his
    right arm towards the security officer who had placed his fingers
    on the back of Avila’s arm because Palermo had insulted him, a
    reasonable   trier    of   fact    could   have   found   that   the   evidence
    established guilt beyond a reasonable doubt.               United States v.
    Jaramillo, 
    42 F.3d 920
    , 923 (5th Cir. 1995).
    AFFIRMED.
    

Document Info

Docket Number: 03-50140

Citation Numbers: 76 F. App'x 575

Judges: Barksdale, Dennis, Emilo, Garza, Per Curiam

Filed Date: 10/6/2003

Precedential Status: Non-Precedential

Modified Date: 8/1/2023