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United States v. Troy

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Before Howard, Ripple *fn1 and Selya, Circuit Judges.

In April 2008, a jury convicted the appellant, David Wong Troy, of assaulting a federal officer in violation of 18 U.S.C. § 111(a), which imposes criminal liability on one who “forcibly assaults, resists, opposes, impedes, intimidates, or interferes” with a designated federal officer who is “engaged in . . . the performance of official duties.” During the trial, Troy timely moved for a judgment of acquittal, arguing that the evidence was insufficient to prove beyond a reasonable doubt that the relevant federal officer had been engaged in the performance of official duties at the time of the assault. The district court denied the motion, the jury returned a guilty verdict, and Troy appeals. Because a rational factfinder could have concluded beyond a reasonable doubt that the officer was acting within the scope of her official duties for purposes of the statute, we affirm.

I. BACKGROUND

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