United States v. Bello

Jesús Bello (defendant) was an inmate at MDC-Guaynabo (MDC), a federal prison in Puerto Rico. After a perceived slight by Bello during food service, fellow inmate Domingo Santana-Rosa (Santana) told Bello that Santana and another prisoner were going to crack open Bello’s head. Santana then went to sit with other inmates. One of those inmates later told Bello that Santana planned to attack Bello in the recreation yard. Bello chose not to report Santana’s threat for fear of being labeled a snitch. Two days later, Bello entered the recreation yard and saw Santana playing dominos. Bello preemptively struck Santana on the head with the top of a broom. Bello was indicted for assaulting a prisoner in violation of federal law. One element of the offense was that the act must have occurred within the special maritime and territorial jurisdiction of the United States. The government asked the district court to take judicial notice that the jurisdictional element was satisfied because MDC was located within a United States military base. The government provided official maps in support. At trial, the court took judicial notice that the events occurred within the jurisdiction of the United States and instructed the jury that it was not required to accept the judicial notice as conclusive. The district court also denied Bello’s requests for jury instructions on self-defense and duress, finding that no facts in the case warranted such defense instructions. The jury found Bello liable for assault. Bello appealed, contesting the judicial notice and denial of defense instructions.